§ 117.003.Civil Immunity for and Indemnification of State Officials, Employees, and Contractors

The state-level counterpart to Section 117.002, and it differs in two ways that matter.

The structure is the same. An elected or appointed state official, or a state employee or contractor, is immune from liability on a state-law claim and is indemnified by the state on a federal-law claim, for an action taken to enforce Chapter 51 of the Penal Code or an order under Article 5B.002 of the Code of Criminal Procedure within the course and scope of the person’s service.

The first difference is the absence of a cap. Notwithstanding any other law, an indemnification payment under this section is not subject to an indemnification limit under the laws of this state.

That is a striking provision. Chapter 104, the general state indemnification chapter, caps what the state will pay for its employees; this section sets that ceiling aside for these claims.

The second difference is representation. A person who may be entitled to indemnification under Subsection (b) is entitled to representation by the attorney general, subject to Chapter 104.

Representation and indemnification are separate benefits. One provides a lawyer during the case; the other pays what the case produces.

The bad-faith exception is identical to the local one. Neither protection applies if the court or jury finds bad faith, conscious indifference or recklessness.

Criminal defense fees are covered here too, and the closing subsection again preserves statutory limits on damages under state law.