Texas Occupations Code 1958.304 – Exemption From Civil Liability for Certain Governmental Entities
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Terms Used In Texas Occupations Code 1958.304
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Property: means real and personal property. See Texas Government Code 311.005
A person is not liable in a civil lawsuit for damages related to a decision to allow occupancy of a property after mold remediation has been performed on the property if:
(1) a certificate of mold remediation has been issued under this chapter for the property;
(2) the property is owned or occupied by a governmental entity, including a school; and
(3) the decision was made by the owner, occupier, or any person authorized by the owner or occupier to make the decision.