It is an affirmative defense to a civil action for damages for personal injury or death brought against a person performing duties under Article 2A.002(f), Code of Criminal Procedure, the person's employer, or the owner of a commercial nuclear power plant where the person was working, that at the time the cause of action arose the person was justified in using force under Chapter 9, Penal Code.
Tex. Civ. Prac. & Rem. Code § 100.001
AFFIRMATIVE DEFENSE
Applied in 2 court decisions — leading case Bexar Metropolitan Water District v. City of Bulverde (2005)
Most recently applied in Fort Worth Independent School District v. Palazzolo (July 2016)
Added by Acts 2003, 78th Leg., ch. 1237, Sec. 4, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.