TSBVI may purchase liability insurance to protect members of the Board and the School’s executive management staff to:
- protect against any type of liability to third persons that may be incurred while conducting School business; and
- provide for all costs of defending against that liability, including court costs and attorney’s fees for acts or omissions committed by them in good faith while discharging their official duties.
The School may use any available funds to purchase or acquire insurance under this policy; a specific statement by the legislature that a particular appropriation of funds may be used to purchase or acquire insurance is not a prerequisite to using funds to purchase or acquire insurance under this policy.
Gov’t Code 612.004
To purchase or acquire liability insurance under this policy, the Board must take action at a regularly scheduled meeting. TSBVI may also purchase insurance to indemnify its board members from awards of damages only where the School was or might have been liable for the same damages. The Board may not purchase insurance to indemnify its board members in situations where it is not exposed, actually or potentially, to a similar liability. Atty. Gen. Op. H-70 (1973)
EMPLOYEE LIABILITY INSURANCE
As an element of employees’ compensation, the School may purchase necessary liability insurance in the name of such employees who are exposed to individual liability by virtue of their official duties. If TSBVI elects to carry such insurance, employees covered by the policy will be notified.
Atty. Gen. Op. M-989 (1971)
TORT CLAIMS ACT LIABILITY INSURANCE
TSBVI may purchase insurance protection against claims for property damage, personal injury, or death proximately caused by the negligence, wrongful act, or omission of the School’s officers
or employees, acting within the scope of their employment or office, and arising from the operation or use of a motor vehicle under circumstances where such officers or employees would be personally liable to the claimant in accordance with the laws of Texas. Payment of damages are prohibited if an employee or officer caused the harm by willful or wrongful act or omission, gross negligence or official misconduct.
Civ. Prac. & Rem. Code 101.021,.027(a)
EMPLOYEE LIABILITY INSURANCE FOR USE OF A MOTOR VEHICLE
TSBVI may insure its employees against liability arising out of the operation, maintenance, or use of a motor vehicle or item of power equipment. If the School elects to do so, the School shall purchase one or more policies from a liability insurance company authorized to transact business in Texas. The liability insurance purchased under this policy must be provided on policy forms approved by the State Board of Insurance as to form and by the attorney general as to liability coverage. State immunity from liability for the negligent tors of employees is not waived.
If the School elects not to insure its employees against liability arising out of the operation, maintenance, or use of a motor vehicle or item of power equipment, an employee of the School is entitled to reimbursement, in addition to any compensation provided in the General Appropriations Act, from maintenance funds of the School, for any amount spent by the employee for liability insurance that is required by the agency.
The comptroller shall provide forms for claims of employee reimbursement for purchase of required liability insurance. The forms shall require certification from the Superintendent that:
- a regular part of the employee’s duties is the operation of a state-owned motor vehicle, item of power equipment; and
- the School requires the employee to maintain liability insurance as a prerequisite to the operation of a state-owned motor vehicle or item or power equipment.
Gov’t Code 612.002
HABILITATIVE OR REHABILITATIVE WORK PROGRAM
From the proceeds of any habilitative or rehabilitative work program for students who are mentally ill or developmentally disabled, TSBVI may purchase insurance to cover liability arising from the operation of the program if a contractor (business entity) under the program does not accept indemnification provisions by the State of Texas as sufficient.
Gov’t Code 612.003(c)
A student who participates in a career and technology program approved by the Board is entitled to immunity in the same manner provided under Education Code 22.053 as a volunteer who is serving as a direct service volunteer of the School. Education Code 29.192 [See GKG]
Amended: 9/26/97, 1/24/02, 11/20/09, 11/16/18
Reviewed: 3/26/04, 4/1/05