Texas Civil Practice and Remedies Code 104.0035 – State Liability; Criminal Prosecution
(a) The state shall indemnify a person for reasonable attorney’s fees incurred in defense of a criminal prosecution against the person if:
(1) the person is covered by § 104.001;
(2) the attorney general determines that the conduct for which the person is criminally prosecuted could give rise to a civil cause of action covered by § 104.002;
(3) the person is found not guilty after a trial or appeal or the complaint, information, or indictment is dismissed without a plea of guilty or nolo contendere being entered; and
(4) the attorney general determines that the complaint, information, or indictment presented against the person was dismissed because:
(A) the presentment was made on mistake, false information, or other similar basis, indicating absence of probable cause to believe, at the time of the dismissal, the person committed the offense; or
(B) the complaint, information, or indictment was void.
(b) State liability for indemnification under this section may not exceed $10,000 for the prosecution of a criminal offense or the prosecution of two or more offenses prosecuted in a single criminal action.
Terms Used In Texas Civil Practice and Remedies Code 104.0035
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) This section does not apply to a person who is criminally prosecuted for operating a motor vehicle while intoxicated under § 49.04, Penal Code, for intoxication assault committed while operating a motor vehicle under § 49.07, Penal Code, or for intoxication manslaughter under § 49.08, Penal Code.
(d) An initial determination of the liability of the state for indemnification and the reasonableness of attorney’s fees under this section shall be made by the attorney general upon application by any person other than:
(1) an employee or former employee of the attorney general’s office; or
(2) the attorney general or a former attorney general.
(e) If the attorney general determines under Subsection (d) that the state is liable for indemnification, the attorney general shall indemnify the person for reasonable attorney’s fees as provided by this section from funds appropriated for that purpose. If the attorney general determines that the state is not liable for indemnification, the person may appeal to a district court in Travis County. A person who is not entitled to an initial determination under Subsection (d) may bring an action in a district court in Travis County.
(f) The district court in Travis County has jurisdiction to hear a suit under this section and may issue an order directing the attorney general’s office to indemnify the person for reasonable attorney’s fees as provided by this section. The judgment of the district court is final and is not subject to appeal.