(1) was performed pursuant to a court order or was otherwise performed in an official capacity; and
(2) was not performed with conscious indifference for the safety of others.
(b) Chapter 101, Civil Practice and Remedies Code, does not apply to a claim based on an act or a failure to act of an individual listed in Subsection (c) of this article or a governmental entity the officer serves as an officer or employee if the act or failure to act is in connection with a program described by Subsection (a) of this article.
(c) This article applies to:
(1) a director or employee of a community supervision and corrections department or a community corrections facility;
(2) a sheriff or employee of a sheriff's department;
(3) a county judge, county attorney, county commissioner, or county employee;
(4) a district judge, district attorney, or criminal district attorney;
(5) an officer or employee of a state agency; or
(6) an officer or employee of a political subdivision other than a county.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.13, eff. Sept. 1, 1995; Subsec. (c) amended by Acts 2003, 78th Leg., ch. 406, Sec. 1, eff. Sept. 1, 2003.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 42 - Judgment and Sentence
Article 42.011. Judgment Affecting an Officer or Jailer
Article 42.012. Finding That Controlled Substance Used to Commit Offense
Article 42.013. Finding of Family Violence
Article 42.0131. Required Notice for Persons Convicted of Misdemeanors Involving Family Violence
Article 42.014. Finding That Offense Was Committed Because of Bias or Prejudice
Article 42.015. Finding of Age of Victim
Article 42.016. Special Driver's License or Identification Requirements for Certain Sex Offenders
Article 42.017. Finding Regarding Age-Based Offense
Article 42.0175. Finding Regarding Certain Health Care Professionals; Notification
Article 42.018. Notice Provided by Clerk of Court
Article 42.0182. Findings Regarding Tax Fraud
Article 42.0183. Notice of Family Violence Offenses Provided by Clerk of Court
Article 42.019. Motor Fuel Theft
Article 42.0191. Finding Regarding Victims of Trafficking or Other Abuse
Article 42.0192. Finding Regarding Offense Related to Performance of Public Service
Article 42.0193. Finding Regarding Offense Related to Conduct of Certain Corrections Employees
Article 42.0194. Finding Regarding Felony Conviction
Article 42.0196. Finding Regarding Offense Related to Performance of Public Service
Article 42.0197. Finding Regarding Gang-Related Conduct
Article 42.0198. Finding Regarding Delay in Arrest of Defendant
Article 42.0199. Finding Regarding Diligent Participation Credit
Article 42.01991. Finding Regarding Agreement on Parole Eligibility for Certain Defendants
Article 42.023. Judge May Consider Alternative Sentencing
Article 42.025. Sentencing Hearing at Secondary School
Article 42.031. Work Release Program
Article 42.033. Sentence to Serve Time During Off-Work Hours
Article 42.034. County Jail Work Release Program
Article 42.035. Electronic Monitoring; House Arrest
Article 42.036. Community Service
Article 42.0371. Mandatory Restitution for Kidnapped or Abducted Children
Article 42.0373. Mandatory Restitution for Child Witness of Family Violence
Article 42.038. Reimbursement for Confinement Expenses
Article 42.039. Completion of Sentence in Federal Custody
Article 42.04. Sentence When Appeal Is Taken
Article 42.05. If Court Is About to Adjourn
Article 42.07. Reasons to Prevent Sentence
Article 42.08. Cumulative or Concurrent Sentence
Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet
Article 42.10. Satisfaction of Judgment as in Misdemeanor Convictions
Article 42.111. Deferral of Proceedings in Cases Appealed to County Court
Article 42.122. [Adult Probation Officers of the 222nd Judicial District; Salary and Allowances ]
Article 42.14. In Absence of Defendant
Article 42.141. Battering Intervention and Prevention Program
Article 42.15. Fines and Costs
Article 42.151. Fees for Abused Children's Counseling
Article 42.152. Repayment of Reward
Article 42.16. On Other Judgment
Article 42.17. Transfer Under Treaty
Article 42.19. Interstate Corrections Compact
Article 42.21. Notice of Release of Family Violence Offenders
Article 42.22. Restitution Liens
Article 42.23. Notification of Court of Family Violence Conviction