(a) Notwithstanding any other provision of this chapter but subject to Sections 8.003 and 8.004 and to the extent consistent with other law, an enterprise may indemnify and advance expenses to a person who is not a governing person, including an officer, employee, agent, or delegate, as provided by:
- (1) the enterprise's governing documents;
- (2) general or specific action of the enterprise's governing authority;
- (3) resolution of the enterprise's owners or members;
- (4) contract; or
- (5) common law.
- (b) An enterprise shall indemnify and advance expenses to an officer to the same extent that indemnification or advancement of expenses is required under this chapter for a governing person.
- (c) A person described by Subsection (a) may seek indemnification or advancement of expenses from an enterprise to the same extent that a governing person may seek indemnification or advancement of expenses under this chapter.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.