Texas Attorney General Opinion: JM-525 Page: 3 of 6
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Mr. L. L. Bowman, III - Page 3 (JM-525)
If the commissioner [inds that a savings and loan association
cannot be rehabilitated, he may issue an order of liquidation
appointing a liquidating agent and dissolving the association.
V.T.C.S. art. 852a, 8.09(1i). A liquidating agent, like a conservator
or a supervisor, exercise:; his powers under the supervision of the
commissioner. V.T.C.S. art. 852a, 8.09(c). The statutes governing
liquidating agents do not specify how the costs of liquidating agents
are to be paid.
You ask whether conservators, supervisors, and liquidating agents
are "employees" for purpoEes of sections 104.001 and 104.008 of the
Civil Practice and Remedies Code. Section 104.001 provides:
In a cause of Eaction based on conduct described
in section 104.002, the state is liable for actual
damages, court costs, and attorney's fees adjudged
against:
(1) an employee, a member of the governing
board, or any other officer of a state agency,
institution, or department;
(2) a former employee, former member of the
governing board, or any other former officer of
a state agency, institution, or department who
was an emplo,,ee or officer when the act or
omission on which the damages are based
occurred;
(3) a physiician licensed in this state who
was performing services under a contract with
the Disability Determination Division of the
Texas Rehabilitation Commission or the Texas
Department cf Mental Health and Mental
Retardation when the act or omission on which
the damages are based occurred;
(4) a percn serving on the governing board
of a foundation, corporation, or association at
the request and on behalf of The University of
Texas System; cr
(5) the estate of a person listed in this
section. (Emphasis added).
Section 104.002 provides:
The state is Liable under this chapter only if
the damages are based on an act or omission by the
person in the curse and scope of the person'sp. 2412
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-525, text, July 17, 1986; (https://texashistory.unt.edu/ark:/67531/metapth272965/m1/3/?q=Lamar+University: accessed June 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.