Sec. 154.3551. LIMIT ON LIABILITY. (a) A member of the advisory council is not personally liable for damages arising from the member's official act or omission under this subchapter unless the act or omission is corrupt or malicious.
(b) The attorney general shall defend an action brought against a member of the advisory council arising from an official act or omission under this subchapter, including an action instituted after the defendant's service with the advisory council has terminated.
(c) The attorney general is not required to defend a member of the advisory council against an action relating to:
(1) the disposition of a claim filed under this subchapter; or
(2) any issue other than the applicability or effect of the limitation on liability under this section.
(d) The commissioner on behalf of the fund, with the advice and consent of the advisory council, may contract with the attorney general under Chapter 771, Government Code, for legal services not covered by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 26, eff. September 1, 2009.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 154 - Prepaid Funeral Services
Section 154.351. Maintenance of Guaranty Fund
Section 154.352. Assessment on Sales Contracts
Section 154.3525. Assessment on Insurance-Funded Contracts
Section 154.353. Deposit of Fund or Portion of Fund
Section 154.354. Use of Fund Earnings
Section 154.355. Advisory Council
Section 154.3551. Limit on Liability
Section 154.356. Assessment on Outstanding Trust-Funded Contracts to Pay Claims
Section 154.3565. Assessment on Outstanding Insurance-Funded Contracts to Pay Claims
Section 154.357. Claim Against Seller, Funeral Provider, or Depository
Section 154.358. Claims Against Fund
Section 154.359. Permissible Uses of Fund