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Texas Local Government Code - LOC GOV'T § 180.002. Defense of Civil Suits Against Peace Officers, Fire Fighters, and Emergency Medical Personnel

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of section effective until Jan. 1, 2025. See, also, § 180.002 effective Jan. 1, 2025.>

(a) In this section, “peace officer” has the meaning assigned by Article 2.12, Code of Criminal Procedure.

(b) A municipality or a school district or other special purpose district shall provide a municipal or district employee who is a peace officer, fire fighter, or emergency medical services employee with legal counsel without cost to the employee to defend the employee against a suit for damages by a party other than a governmental entity if:

(1) legal counsel is requested by the employee; and

(2) the suit involves an official act of the employee within the scope of the employee's authority.

(c) To defend the employee against the suit, the municipality or district may provide counsel already employed by it or may employ private counsel.

(d) An employee may recover from a municipality or district that fails to provide counsel as required by Subsection (b) the reasonable attorney's fees incurred in defending the suit if the trier of fact finds:

(1) that the fees were incurred in defending a suit covered by Subsection (b); and

(2) that the employee is without fault or that the employee acted with a reasonable good faith belief that the employee's actions were proper.

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Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 180.002. Defense of Civil Suits Against Peace Officers, Fire Fighters, and Emergency Medical Personnel - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-180-002/

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