Sec. 104.009. DIRECTORS' AND OFFICERS' LIABILITY INSURANCE. (a) A state agency, institution, or department may purchase a directors' and officers' liability insurance policy applicable to damages for conduct described under Section 104.002 and other conduct customarily covered under directors' and officers' liability insurance policies for the benefit of:
(1) a director or officer of the agency, institution, or department;
(2) a member of a governing board, commission, or council of the agency, institution, or department; or
(3) a member of the executive staff of the agency, institution, or department.
(b) An insurance policy purchased under this section must have a deductible applicable to the liability of the state agency, institution, or department in an amount equal to the amount of the limits of liability established under Section 104.003. The deductible applicable to an individual's liability may be set at a lower amount.
(c) The purchase of an insurance policy under this section does not waive a defense, immunity, or jurisdictional bar available to the state agency, institution, or department purchasing the insurance or to the insured.
Added by Acts 1997, 75th Leg., ch. 468, Sec. 1, eff. May 30, 1997.
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