Texas Civil Practice And Remedies Code Title 5, Chapter 101 - Tort Claims
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 101.001 - Definitions
In this chapter: (1) "Emergency service organization" means: (A) a volunteer fire department, rescue squad, or an emergency medical services provider that is: (i) operated...
- Texas Section 101.002 - Short Title
This chapter may be cited as the Texas Tort Claims Act. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER B TORT LIABILITY OF GOVERNMENTAL UNITS
- Texas Section 101.003 - Remedies Additional
The remedies authorized by this chapter are in addition to any other legal remedies. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1,
- Texas Section 101.021 - Governmental Liability
A governmental unit in the state is liable for: (1) property damage, personal injury, and death proximately caused by the wrongful act or omission or...
- Texas Section 101.0211 - No Liability For Joint Enterprise
(a) The common law doctrine of vicarious liability because of participation in a joint enterprise does not impose liability for a claim brought under this...
- Texas Section 101.0215 - Liability Of A Municipality
(a) A municipality is liable under this chapter for damages arising from its governmental functions, which are those functions that are enjoined on a municipality...
- Texas Section 101.022 - Duty Owed: Premise And Special Defects
(a) Except as provided in Subsection (c), if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty...
- Texas Section 101.023 - Limitation On Amount Of Liability
(a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000...
- Texas Section 101.024 - Exemplary Damages
This chapter does not authorize exemplary damages. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
- Texas Section 101.025 - Waiver Of Governmental Immunity; Permission To Sue
(a) Sovereign immunity to suit is waived and abolished to the extent of liability created by this chapter. (b) A person having a claim under...
- Texas Section 101.026 - Individual's Immunity Preserved
To the extent an employee has individual immunity from a tort claim for damages, it is not affected by this chapter. Acts 1985, 69th Leg.,...
- Texas Section 101.027 - Liability Insurance
(a) Each governmental unit other than a unit of state government may purchase insurance policies protecting the unit and the unit's employees against claims under...
- Texas Section 101.028 - Workers' Compensation Insurance
A governmental unit that has workers' compensation insurance or that accepts the workers' compensation laws of this state is entitled to the privileges and immunities...
SUBCHAPTER C EXCLUSIONS AND EXCEPTIONS
- Texas Section 101.029 - Liability For Certain Conduct Of State Prison Inmates
(a) The Department of Criminal Justice is liable for property damage, personal injury, and death proximately caused by the wrongful act or omission or the...
- Texas Section 101.051 - School And Junior College Districts Partially Excluded
Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district. Acts 1985, 69th Leg., ch....
- Texas Section 101.052 - Legislative
This chapter does not apply to a claim based on an act or omission of the legislature or a member of the legislature acting in...
- Texas Section 101.053 - Judicial
(a) This chapter does not apply to a claim based on an act or omission of a court of this state or any member of...
- Texas Section 101.054 - State Military Personnel
This chapter does not apply to a claim arising from the activities of the state military forces when on active duty under the lawful orders...
- Texas Section 101.055 - Certain Governmental Functions
This chapter does not apply to a claim arising: (1) in connection with the assessment or collection of taxes by a governmental unit; (2) from...
- Texas Section 101.056 - Discretionary Powers
This chapter does not apply to a claim based on: (1) the failure of a governmental unit to perform an act that the unit is...
- Texas Section 101.057 - Civil Disobedience And Certain Intentional Torts
This chapter does not apply to a claim: (1) based on an injury or death connected with any act or omission arising out of civil...
- Texas Section 101.058 - Landowner's Liability
To the extent that Chapter 75 limits the liability of a governmental unit under circumstances in which the governmental unit would be liable under this...
- Texas Section 101.059 - Attractive Nuisances
This chapter does not apply to a claim based on the theory of attractive nuisance. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept....
- Texas Section 101.060 - Traffic And Road Control Devices
(a) This chapter does not apply to a claim arising from: (1) the failure of a governmental unit initially to place a traffic or road...
- Texas Section 101.061 - Tort Committed Before January 1, 1970
This chapter does not apply to a claim based on an act or omission that occurred before January 1, 1970. Acts 1985, 69th Leg., ch....
- Texas Section 101.062 - 9-1-1 Emergency Service
(a) In this section, "9-1-1 service" and "public agency" have the meanings assigned those terms by Section 771.001, Health and Safety Code. (b) This chapter...
- Texas Section 101.063 - Members Of Public Health District
A governmental unit that is a member of a public health district is not liable under this chapter for any conduct of the district's personnel...
- Texas Section 101.064 - Land Acquired Under Foreclosure Of Lien Or By Conveyance In Satisfaction Of Certain Tax Debt
(a) This chapter does not apply to a claim: (1) against a political subdivision of this state that acquires land: (A) as a result of...
- Texas Section 101.065 - Negligence Of Off-duty Law Enforcement Officers
This chapter does not apply to the wrongful act or omission or the negligence of an officer commissioned by the Department of Public Safety if...
- Texas Section 101.066 - Computer Date Failure
This chapter does not apply to a claim for property damage caused by a computer date failure as described by Section 147.003. Added by Acts...
SUBCHAPTER D PROCEDURES
- Texas Section 101.067 - Graffiti Removal
This chapter does not apply to a claim for property damage caused by the removal of graffiti under Section 250.006, Local Government Code. Added by...
- Texas Section 101.101 - Notice
(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day...
- Texas Section 101.102 - Commencement Of Suit
(a) A suit under this chapter shall be brought in state court in the county in which the cause of action or a part of...
- Texas Section 101.103 - Legal Representation
(a) The attorney general shall defend each action brought under this chapter against a governmental unit that has authority and jurisdiction coextensive with the geographical...
- Texas Section 101.104 - Evidence Of Insurance Coverage
(a) Neither the existence nor the amount of insurance held by a governmental unit is admissible in the trial of a suit under this chapter....
- Texas Section 101.105 - Settlement
(a) A cause of action under this chapter may be settled and compromised by the governmental unit if, in a case involving the state the...
- Texas Section 101.106 - Election Of Remedies
(a) The filing of a suit under this chapter against a governmental unit constitutes an irrevocable election by the plaintiff and immediately and forever bars...
- Texas Section 101.107 - Payment And Collection Of Judgment
(a) A judgment in a suit under this chapter may be enforced only in the same manner and to the same extent as other judgments...
- Texas Section 101.108 - Ad Valorem Taxes For Payment Of Judgment
(a) A governmental unit not fully covered by liability insurance may levy an ad valorem tax for the payment of any final judgment under this...
- Texas Section 101.109 - Payment Of Claims Against Certain Universities
A claim under this chapter against a state-supported senior college or university is payable only by a direct legislative appropriation made to satisfy claims unless...
Last modified: September 28, 2016