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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 4. EXECUTIVE BRANCH |
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Subtitle B. LAW ENFORCEMENT AND PUBLIC PROTECTION |
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Chapter 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS |
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Subchapter H. LICENSE TO CARRY A CONCEALED HANDGUN |
Sec. 411.208. LIMITATION OF LIABILITY
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(a) A court may not hold the state, an agency or subdivision of the state, an officer or employee of the state, a peace officer, or a qualified handgun instructor liable for damages caused by:
(1) an action authorized under this subchapter or a failure to perform a duty imposed by this subchapter; or
(2) the actions of an applicant or license holder that occur after the applicant has received a license or been denied a license under this subchapter.
(b) A cause of action in damages may not be brought against the state, an agency or subdivision of the state, an officer or employee of the state, a peace officer, or a qualified handgun instructor for any damage caused by the actions of an applicant or license holder under this subchapter.
(c) The department is not responsible for any injury or damage inflicted on any person by an applicant or license holder arising or alleged to have arisen from an action taken by the department under this subchapter.
(d) The immunities granted under Subsections (a), (b), and (c) do not apply to an act or a failure to act by the state, an agency or subdivision of the state, an officer of the state, or a peace officer if the act or failure to act was capricious or arbitrary.
(e) The immunities granted under Subsection (a) to a qualified handgun instructor do not apply to a cause of action for fraud or a deceptive trade practice.