Sec. 104.005. SERVICE OF PROCESS OR TIMELY NOTICE TO ATTORNEY GENERAL REQUIRED. Except as provided by Section 104.0035, the state is not liable for the defense of an action covered by this chapter or for damages, court costs, or attorney's fees unless:
(1) the attorney general has been served in the case and the state has been given an opportunity to defend the suit; or
(2) the person against whom the action is brought delivers to the attorney general all process served on the person not later than the 10th day after the date of service.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 29, Sec. 3, eff. Oct. 20, 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