Judicial Responsibilities; Immunity

Sec. 76.0045. JUDICIAL RESPONSIBILITIES; IMMUNITY. (a) The responsibility of a judge described by Section 76.002 for personnel decisions is limited to the appointment of a department director and a fiscal officer. (b) The responsibility of a judge described by Section 76.002 for budgetary decisions is limited to: (1) appointment of a fiscal officer; and (2) review of the department's budget following the division's approval of the budget. (c) A judge described by Section 76.002 has judicial immunity in a suit arising from: (1) the performance of a duty described by Section 76.002(a); or (2) the appointment of a department director or a fiscal officer or an act or failure to act by a department employee or by a department director or fiscal officer. Added by Acts 2005, 79th Leg., Ch. 255 (H.B. 1326), Sec. 4, eff. May 30, 2005. Amended by: Acts 2025, 89th Leg., R.S., Ch. 774 (S.B. 663), Sec. 2, eff. September 1, 2025.