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The Texas Supreme Court noted that it had recently observed that the determining factor of whether an officer is within the scope and course of employment is not whether he or she is on or off duty. (Credit: Jaromir Chalabala/Shutterstock) The Texas Supreme Court noted that it had recently observed that the determining factor of whether an officer is within the scope and course of employment is not whether he or she is on or off duty. (Credit: Jaromir Chalabala/Shutterstock)

The Texas Supreme Court has held that a deputy sheriff who was killed in an accident while driving his marked patrol vehicle home from an extra-duty assignment was acting within the course and scope of employment because he was engaged in a law enforcement activity.

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