§ 31.019 CITY REFUSAL TO PROVIDE DEFENSE.

   The city may refuse to provide for the defense of any action in tort brought against an officer or employee of the city if the city determines and notifies the employee, in writing, that:

   (A)   The act or omission was not within the actual or apparent scope of the employee’s employment;

   (B)   The employee acted or failed to act because of fraud, malice, or corruption; or

   (C)   A timely request to defend was not made in accordance with § 31.018.

(2008 Code, § 2.28.050)