1. (a) In this section, "peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure.

2. (b) A municipality or special purpose district shall provide a municipal or district employee who is a peace officer, fire fighter, or emergency medical services employee with legal counsel without cost to the employee to defend the employee against a suit for damages by a party other than a governmental entity if:

   1. (1) legal counsel is requested by the employee; and
   2. (2) the suit involves an official act of the employee within the scope of the employee's authority.
3. (c) To defend the employee against the suit, the municipality or special purpose district may provide counsel already employed by it or may employ private counsel.

4. (d) If the municipality or special purpose district fails to provide counsel as required by Subsection (b), the employee may recover from it the reasonable attorney's fees incurred in defending the suit if the trier of fact finds:

   1. (1) that the fees were incurred in defending a suit covered by Subsection (b); and
   2. (2) that the employee is without fault or that the employee acted with a reasonable good faith belief that the employee's actions were proper.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 42(a), eff. Aug. 28, 1989.