Sec. 2151.056. IMMUNITY FROM LIABILITY


Latest version.
  • (a) The association, a member of the governing committee, or an employee of the association is not personally liable for:

    (1) an act performed in good faith within the scope of the person's authority as determined under this chapter or the plan of operation; or

    (2) damages occasioned by the person's official act or omission except an act or omission that is corrupt or malicious.

    (b) The association shall provide counsel to defend an action brought against a member of the governing committee or an employee because of the person's official act or omission regardless of whether the person has terminated service with the association when the action is instituted.

    (c) This section is cumulative of and does not affect or modify a common law or statutory privilege or immunity.

Added by Acts 2005, 79th Leg., Ch. 727 , Sec. 2, eff. April 1, 2007.