Sec. 370.258. INDEMNIFICATION. (a) An authority may indemnify one or more of its directors or officers for necessary expenses and costs, including attorney's fees, incurred by the directors or officers in connection with any claim asserted against the directors or officers in their respective capacities as directors or officers.
(b) If an authority does not fully indemnify a director or officer as provided by Subsection (a), the court in a proceeding in which any claim against the director or officer is asserted or any court with jurisdiction of an action instituted by the director or officer on a claim for indemnity may assess indemnity against the authority, its receiver, or trustee only if the court finds that, in connection with the claim, the director or officer is not guilty of negligence or misconduct.
(c) A court may not assess indemnity under Subsection (b) for an amount paid by the director or officer to the authority.
(d) This section applies to a current or former director or officer of the authority.
(e) If an officer or director who has been indemnified by an authority under Subsection (a) is subsequently convicted of an offense involving the conduct for which the officer or director was indemnified, the officer or director is liable to the authority for the amount of indemnification paid, with interest at the legal rate for interest on a judgment from the date the indemnification was paid.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 590 (H.B. 1708), Sec. 2, eff. September 1, 2005.
Structure Texas Statutes
Subtitle G - Turnpikes and Toll Projects
Chapter 370 - Regional Mobility Authorities
Section 370.251. Board of Directors
Section 370.2511. Board of Directors: Certain Authorities
Section 370.2515. Board Composition Proposal by Turnpike Authority
Section 370.252. Prohibited Conduct for Directors and Employees
Section 370.2521. Filing of Financial Statement by Director
Section 370.2522. Applicability of Conflicts of Interest Law to Directors
Section 370.2523. Applicability of Nepotism Laws
Section 370.254. Removal of Director
Section 370.255. Compensation of Director
Section 370.256. Evidence of Authority Actions
Section 370.257. Public Access
Section 370.258. Indemnification
Section 370.259. Purchase of Liability Insurance
Section 370.260. Certain Contracts and Sales Prohibited