CHAPTER 612. LIABILITY INSURANCE
GOVERNMENT CODE
TITLE 6. PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS
AND EMPLOYEES
CHAPTER 612. LIABILITY INSURANCE
Sec. 612.001. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
OFFICERS AND FIRE FIGHTERS. (a) The state shall provide for
insuring each peace officer and fire fighter in its employ
against liability to third persons arising out of the operation,
maintenance, or use of a motor vehicle owned or leased by the
state.
(b) The liability coverage provided under this section must be
in amounts not less than those required by Chapter 601,
Transportation Code, to provide evidence of financial
responsibility.
(c) The state may elect to be self-insured or to reimburse the
actual cost of an extended automobile liability insurance
endorsement obtained by a peace officer or fire fighter on an
individually owned automobile liability insurance policy. The
extended endorsement must:
(1) be in the amount required by Subsection (b); and
(2) extend the coverage to include the operation and use of
vehicles by a peace officer or fire fighter in the scope of the
officer's or fire fighter's employment.
(d) If the reimbursement method is used, the state may require a
peace officer or fire fighter who operates and uses a motor
vehicle to present proof that an extended coverage endorsement
has been purchased and is in effect for the period of
reimbursement.
(e) In this section, "motor vehicle" means any motor vehicle for
which motor vehicle automobile insurance may be written under
Subchapter A, Chapter 5, Insurance Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.195, eff.
Sept. 1, 1997.
Sec. 612.002. LIABILITY INSURANCE FOR CERTAIN STATE EMPLOYEES.
(a) A state agency that owns and operates a motor vehicle, an
item of power equipment, an aircraft, or a motorboat or other
watercraft of any type or size may insure its employees against
liability arising out of the operation, maintenance, or use of
the motor vehicle, item of power equipment, aircraft, or
motorboat or other watercraft.
(b) A state agency that elects to provide insurance under this
section shall purchase one or more policies from a liability
insurance company authorized to transact business in this state.
The liability insurance purchased under this section must be
provided on policy forms approved by the State Board of Insurance
as to form and by the attorney general as to liability coverage.
(c) An employee of a state agency that elects not to insure its
employees against liability under Subsection (a) is entitled to
reimbursement, in addition to any compensation provided in the
General Appropriations Act, from maintenance funds of the agency,
for any amount spent by the employee for liability insurance that
is required by the agency.
(d) The comptroller shall provide forms for claims of employee
reimbursement under Subsection (c). The forms shall require a
certification from the head of the state agency that:
(1) a regular part of the employee's duties is the operation of
a state-owned motor vehicle, item of power equipment, aircraft,
or motorboat or other watercraft; and
(2) the agency requires the employee to maintain liability
insurance as a prerequisite to the operation of a state-owned
motor vehicle, item of power equipment, aircraft, or motorboat or
other watercraft.
(e) This section does not waive state immunity from liability
for the torts of negligence of its employees.
(f) In this section:
(1) "Employee" includes an officer of a state agency.
(2) "State agency" means an agency, a department, board,
commission, or other entity in the executive, legislative, or
judicial branch of state government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 612.003. LIABILITY INSURANCE FOR CERTAIN STATE PROGRAMS.
(a) A state agency that receives federal grant funds for a
foster grandparent program may spend those funds to insure the
persons and property of the foster grandparents as required by
the grant.
(b) A state agency that operates an integrated day-care program
that serves children with mental illness or developmental
disabilities or who participate in an early childhood
intervention program, as well as other children, may purchase
insurance to cover liability arising from the operation of the
program.
(c) A state agency that operates a habilitative or
rehabilitative work program for individuals who are mentally ill
or developmentally disabled may purchase from the proceeds of the
program insurance to cover liability arising from the operation
of the program if a contractor under the program does not accept
indemnification provisions by the state as sufficient.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.11(a), eff.
Sept. 1, 1995.
Sec. 612.004. LIABILITY INSURANCE FOR CERTAIN BOARD MEMBERS,
OFFICIALS, AND EXECUTIVE MANAGEMENT STAFF. (a) A state agency
governed by a board may purchase or acquire liability insurance
to protect members of the board and the agency's executive
management staff.
(b) A state agency governed by an appointed or elected official
may purchase or acquire liability insurance to protect the
official and the agency's executive management staff.
(c) Insurance purchased or acquired by a state agency under this
section may:
(1) protect against any type of liability to third persons that
may be incurred while conducting agency business; and
(2) provide for all costs of defending against that liability,
including court costs and attorney's fees.
(d) This section does not authorize the purchase or acquisition
of insurance to protect against liability other than liability
described by Subsection (c).
(e) A state agency may use any available funds to purchase or
acquire insurance under this section. A specific statement by the
legislature that a particular appropriation of funds may be used
to purchase or acquire insurance is not a prerequisite to using
funds to purchase or acquire insurance under this section.
(f) In this section:
(1) "Board" includes a board, commission, council, committee, or
other group of individuals.
(2) "State agency" means:
(A) a department, board, commission, committee, council, agency,
office, or other entity in the executive, legislative, or
judicial branch of state government, the jurisdiction of which is
not limited to a geographical portion of the state;
(B) an institution of higher education as defined by Section
61.003, Education Code; and
(C) a court of appeals as described by Section 22.201.
(g) For purposes of Section 659.012, the cost of insurance
purchased or acquired by a court of appeals under this section is
not included in determining the salary of a justice serving on
the court.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 78, eff. June 19,
1997. Amended by Acts 1999, 76th Leg., ch. 1251, Sec. 1, 2, eff.
Sept. 1, 1999.
Sec. 612.005. LIABILITY INSURANCE FOR LAW ENFORCEMENT MOTOR
VEHICLES OF POLITICAL SUBDIVISION. (a) In this section, "law
enforcement officer" means a peace officer as defined by Article
2.12, Code of Criminal Procedure, or other law.
(b) The governing body of a political subdivision shall provide
for insuring each law enforcement officer appointed or employed
by the political subdivision against liability to third persons
arising out of the officer's operation of a motor vehicle owned,
leased, or otherwise controlled by the political subdivision at
any time that the officer is authorized to operate the vehicle,
including times that the officer is authorized to operate the
vehicle while off duty.
(c) The motor vehicle liability coverage must be in amounts not
less than those required by Subchapter D, Chapter 601,
Transportation Code, to establish financial responsibility.
(d) A political subdivision may satisfy this section by:
(1) electing to be self-insured under Chapter 2259;
(2) entering into a risk retention group, risk management pool,
or interlocal contract with other political subdivisions under
Chapter 119, Local Government Code, or Chapter 791 or 2259; or
(3) providing for coverage by an insurance company authorized to
write motor vehicle liability insurance coverage.
(e) The policy may exclude coverage for operation of a motor
vehicle in the commission of a criminal offense other than a
traffic offense.
Added by Acts 1997, 75th Leg., ch. 760, Sec. 1, eff. Sept. 1,
1997. Renumbered from Sec. 612.004 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(53), eff. Sept. 1, 1999. Amended by Acts 2001,
77th Leg., ch. 1420, Sec. 8.239, eff. Sept. 1, 2001.