What is the significance of TPC 9.05 regarding civil liability?

• A. It clarifies that officers may be immune from liability
• B. It clarifies that officers may be held liable for reckless conduct resulting in harm
• C. It defines the statute of limitations on civil suits
• D. It applies only to agencies and not individual officers

Answer: (B)

Texas Penal Code 9.05 sets the boundary for official immunity by making clear that officers aren’t automatically shielded from civil liability when acting in their official duties. The important point is that reckless conduct—acting with a conscious disregard for the safety or rights of others—can expose an officer to civil liability. In other words, while routine mistakes or discretionary decisions may be protected, truly reckless actions that harm someone can be the basis for a civil suit. This emphasizes accountability for serious missteps in enforcement or official actions, rather than granting blanket immunity.