Texas Civil Practice and Remedies Code 104.004 – Defense by Attorney General
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(a) The attorney general shall defend a public servant or estate listed in § 104.001 in a cause of action covered by this chapter.
(b) The attorney general may settle or compromise the portion of a lawsuit that may result in state liability under this chapter.
Terms Used In Texas Civil Practice and Remedies Code 104.004
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(c) It is not a conflict of interest for the attorney general to defend a person under this chapter and also to prosecute a legal action against that person as required or authorized by law if different assistant attorneys general are assigned the responsibility for each action.