Sec. 104.004. DEFENSE BY ATTORNEY GENERAL. (a) The attorney general shall defend a public servant or estate listed in Section 104.001 in a cause of action covered by this chapter.
(b) The attorney general may settle or compromise the portion of a lawsuit that may result in state liability under this chapter.
(c) It is not a conflict of interest for the attorney general to defend a person under this chapter and also to prosecute a legal action against that person as required or authorized by law if different assistant attorneys general are assigned the responsibility for each action.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.11, eff. Sept. 2, 1987.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 5 - Governmental Liability
Chapter 104 - State Liability for Conduct of Public Servants
Section 104.001. State Liability; Persons Covered
Section 104.002. State Liability; Conduct Covered
Section 104.003. Limits on Amount of Recoverable Damages
Section 104.0035. State Liability; Criminal Prosecution
Section 104.004. Defense by Attorney General
Section 104.005. Service of Process or Timely Notice to Attorney General Required
Section 104.006. Security or Bond
Section 104.007. Funds for Defense
Section 104.008. No Waiver of Defenses
Section 104.009. Directors' and Officers' Liability Insurance