LEGAL REPRESENTATION AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES

Houston Code of Ordinances ch. 2, art. X

in effect

Houston Code of Ordinances § 2-301 Generally.

Sec. 2-301. - Generally. The purpose of this article is to establish the city's policy of providing legal representation to and indemnification of current and former city officers and employees against whom civil lawsuits are brought alleging acts or omissions by such officers and employees during the course and scope of their assigned duties with the city. (Ord. No. 91-1611, § 1, 11-13-91; Ord. No. 2018-286, § 2, 4-4-2018)

Houston Code of Ordinances § 2-302 Definitions.

Sec. 2-302. - Definitions. As used in this article, the following terms and phrases shall have the following meanings: City attorney means the city attorney or his designee. Covered person means a person who is or was: (1) The mayor, the city controller, or a member of city council; (2) A member of a city board, commission, or committee created by Charter, ordinance, or resolution of the city; (3) An employee of the city; (4) A volunteer who has been approved in writing by and works under the direction of the mayor, the city controller, a member of city council, or a city employee and who has been issued a city identification badge by the security official for use while acting as such a volunteer; or (5) A member of a super neighborhood council formally recognized by the mayor, and a member of the super neighborhood alliance, while acting in their capacity as a member of a super neighborhood council or the super neighborhood alliance at a meeting of the super neighborhood council or super neighborhood alliance to which they are a member. Security official shall have the meaning ascribed in section 2-411 of this Code. (Ord. No. 91-1611, § 1, 11-13-91; Ord. No. 2018-286, § 3, 4-4-2018; Ord. No. 2025-845, § 2, 10-8-2025)

Houston Code of Ordinances § 2-303 Legal representation.

Sec. 2-303. - Legal representation. (a) The city shall, subject to the exclusions described below, provide legal representation to a covered person for any claim or lawsuit brought against the covered person alleging acts or omissions by the covered person during the course and scope of his assigned duties with the city. (b) The city may provide legal representation to a covered person by assigning an assistant city attorney to undertake such representation or by employing a private lawyer or law firm. (c) The city shall pay all costs associated with legal representation, including any fees of the attorney selected by the city attorney to represent the employee, court fees, deposition and expert witness fees and other costs associated with the preparation for or presentation of the covered person's defense. (d) Covered persons who wish to select and employ their own attorney may do so at their own cost. (e) Notwithstanding the above, the city shall not be obligated to provide legal representation to a covered person if: (1) The acts or omissions alleged in the claim or lawsuit are intentional or willful, and the city attorney has determined, based on a departmental investigation or such other information as is available to the city attorney, that the covered person intentionally or willfully violated a city ordinance, rule or policy or a clearly established constitutional or statutory right or was otherwise acting in bad faith; or (2) The claim or lawsuit against the covered person has been brought by or on behalf of the city. (Ord. No. 91-1611, § 1, 11-13-91; Ord. No. 2018-286, §§ 4, 5, 4-4-2018)

Houston Code of Ordinances § 2-304 Indemnification.

Sec. 2-304. - Indemnification. (a) The city shall, subject to the exclusions and other provisions of this section, pay judgments, attorney's fees and costs assessed against a covered person in a lawsuit for which the city has an obligation to provide legal representation under section 2-303, above. (b) The city shall not pay that portion of any judgment against a covered person that awards: (1) Exemplary or punitive damages; or (2) Actual or compensatory damages arising out of a cause of action for official misconduct. (c) Total payments made under this section on behalf of a covered person shall not exceed $100,000.00 to any one person or $300,000.00 for any single occurrence of personal injury or death or $10,000.00 for a single occurrence of property damage. (d) Where multiple claims are made against two or more covered persons or against the city and one or more covered persons for injuries and/or damages from a single occurrence, and where the city's liability is limited by the Texas Tort Claims Act, the total of all payments arising out of the bodily injury or death of any one person shall not exceed $250,000.00 and the total of all payments arising out of a single occurrence shall not exceed $500,000.00. (e) The city shall have the right to investigate, negotiate, and settle any claim or suit as it determines desirable. (Ord. No. 91-1611, § 1, 11-13-91; Ord. No. 2018-286, § 6, 4-4-2018)

Houston Code of Ordinances § 2-305 Duties and responsibilities of covered persons.

Sec. 2-305. - Duties and responsibilities of covered persons. In order to receive the benefits of the legal representation and indemnification provisions of this article a covered person must: (1) Notify the city attorney, in writing, as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than five working days after receipt; (2) Cooperate with the city attorney and, upon the city attorney's request, assist in making settlements, in the conduct of suits, and in enforcing any right of contribution or indemnity against a person or organization who may be liable to the city because of injury or damage covered under this article; (3) Attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses; and (4) Not, except at the covered person's own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to a claim or lawsuit without the consent of the city. (Ord. No. 91-1611, § 1, 11-13-91)

Houston Code of Ordinances § 2-306 Subrogation.

Sec. 2-306. - Subrogation. If payment or legal representation is provided under this article, the city is subrogated to the covered person's rights of recovery against any person or organization to the extent of the city's liability and payments, and the covered person must execute and deliver to the city attorney whatever documents are necessary to secure those rights. The covered person shall not do anything after a loss to prejudice those rights. (Ord. No. 91-1611, § 1, 11-13-91)

Houston Code of Ordinances § 2-307 No creation of cause of action.

Sec. 2-307. - No creation of cause of action. Nothing contained in this article shall be construed as creating a right or cause of action against a covered person nor as giving a right to a third party to institute or maintain a suit which would not otherwise exist under law as a legal claim against a covered person. (Ord. No. 91-1611, § 1, 11-13-91)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXLEREINOFEMFetched: 10/26/2026