(a) Except in an action arising under the constitution or laws of the United States, a public servant is not personally liable for damages in excess of $100,000 arising from personal injury, death, or deprivation of a right, privilege, or immunity if:
(1) the damages are the result of an act or omission by the public servant in the course and scope of the public servant’s office, employment, or contractual performance for or service on behalf of a state agency, institution, department, or local government; and
(2) for the amount not in excess of $100,000, the public servant is covered:
(A) by the state’s obligation to indemnify under Chapter 104;
(B) by a local government’s authorization to indemnify under Chapter 102;
(C) by liability or errors and omissions insurance; or
(D) by liability or errors and omissions coverage under an interlocal agreement.
(b) Except in an action arising under the constitution or laws of the United States, a public servant is not liable for damages in excess of $100,000 for property damage if:
(1) the damages are the result of an act or omission by the public servant in the course and scope of the public servant’s office, employment, or contractual performance for or service on behalf of a state agency, institution, department, or local government; and
(2) for the amount not in excess of $100,000, the public servant is covered:
(A) by the state’s obligation to indemnify under Chapter 104;
(B) by a local government’s authorization to indemnify under Chapter 102;
(C) by liability or errors and omissions insurance; or
(D) by liability or errors and omissions coverage under an interlocal agreement.

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