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CHAPTER 101. TORT CLAIMS

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CIVIL PRACTICE AND REMEDIES CODETITLE 5. GOVERNMENTAL LIABILITYCHAPTER 101. TORT CLAIMSSUBCHAPTER A. GENERAL PROVISIONSSec. 101.001.DEFINITIONS.In this chapter:(1)"Emergency service organization" means a volunteer firedepartment, rescue squad, or an emergency medical servicesprovider that is:(A)operated by its members; and(B)exempt from state taxes by being listed as an exemptorganization under Section 151.310 or 171.083, Tax Code.(2)"Employee" means a person, including an officer or agent,who is in the paid service of a governmental unit by competentauthority, but does not include an independent contractor, anagent or employee of an independent contractor, or a person whoperforms tasks the details of which the governmental unit doesnot have the legal right to control.(3)"Governmental unit" means:(A)this state and all the several agencies of government thatcollectively constitute the government of this state, includingother agencies bearing different designations, and alldepartments, bureaus, boards, commissions, offices, agencies,councils, and courts;(B)a political subdivision of this state, including any city,county, school district, junior college district, leveeimprovement district, drainage district, irrigation district,water improvement district, water control and improvementdistrict, water control and preservation district, freshwatersupply district, navigation district, conservation andreclamation district, soil conservation district, communicationdistrict, public health district, and river authority;(C)an emergency service organization; and(D)any other institution, agency, or organ of government thestatus and authority of which are derived from the Constitutionof Texas or from laws passed by the legislature under theconstitution.(4)"Motor-driven equipment" does not include:(A)equipment used in connection with the operation offloodgates or water release equipment by river authoritiescreated under the laws of this state; or(B)medical equipment, such as iron lungs, located in hospitals.(5)"Scope of employment" means the performance for agovernmental unit of the duties of an employee's office oremployment and includes being in or about the performance of atask lawfully assigned to an employee by competent authority.(6)"State government" means an agency, board, commission,department, or office, other than a district or authority createdunder Article XVI, Section 59, of the Texas Constitution, that:(A)was created by the constitution or a statute of this state;and(B)has statewide jurisdiction.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by Acts 1987, 70th Leg., ch. 693, Sec. 1, eff. June 19,1987; Acts 1991, 72nd Leg., ch. 476, Sec. 1, eff. Aug. 26, 1991;Acts 1995, 74th Leg., ch. 827, Sec. 1, eff. Aug. 28, 1995; Acts1997, 75th Leg., ch. 968, Sec. 1, eff. Sept. 1, 1997.Sec. 101.002.SHORT TITLE.This chapter may be cited as theTexas Tort Claims Act.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.003.REMEDIES ADDITIONAL.The remedies authorized bythis chapter are in addition to any other legal remedies.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITSSec. 101.021.GOVERNMENTAL LIABILITY.A governmental unit inthe state is liable for:(1)property damage, personal injury, and death proximatelycaused by the wrongful act or omission or the negligence of anemployee acting within his scope of employment if:(A)the property damage, personal injury, or death arises fromthe operation or use of a motor-driven vehicle or motor-drivenequipment; and(B)the employee would be personally liable to the claimantaccording to Texas law; and(2)personal injury and death so caused by a condition or use oftangible personal or real property if the governmental unitwould, were it a private person, be liable to the claimantaccording to Texas law.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.0211.NO LIABILITY FOR JOINT ENTERPRISE.The commonlaw doctrine of vicarious liability because of participation in ajoint enterprise does not impose liability on a water districtcreated pursuant to either Sections 52(b)(1) and (2), ArticleIII, or Section 59, Article XVI, Texas Constitution, regardlessof how created, for a claim brought under this chapter.Added by Acts 2001, 77th Leg., ch. 1423, Sec. 35, eff. June 17,2001.Sec. 101.0215.LIABILITY OF A MUNICIPALITY.(a)A municipalityis liable under this chapter for damages arising from itsgovernmental functions, which are those functions that areenjoined on a municipality by law and are given it by the stateas part of the state's sovereignty, to be exercised by themunicipality in the interest of the general public, including butnot limited to:(1)police and fire protection and control;(2)health and sanitation services;(3)street construction and design;(4)bridge construction and maintenance and street maintenance;(5)cemeteries and cemetery care;(6)garbage and solid waste removal, collection, and disposal;(7)establishment and maintenance of jails;(8)hospitals;(9)sanitary and storm sewers;(10)airports;(11)waterworks;(12)repair garages;(13)parks and zoos;(14)museums;(15)libraries and library maintenance;(16)civic, convention centers, or coliseums;(17)community, neighborhood, or senior citizen centers;(18)operation of emergency ambulance service;(19)dams and reservoirs;(20)warning signals;(21)regulation of traffic;(22)transportation systems;(23)recreational facilities, including but not limited toswimming pools, beaches, and marinas;(24)vehicle and motor driven equipment maintenance;(25)parking facilities;(26)tax collection;(27)firework displays;(28)building codes and inspection;(29)zoning, planning, and plat approval;(30)engineering functions;(31)maintenance of traffic signals, signs, and hazards;(32)water and sewer service;(33)animal control;(34)community development or urban renewal activitiesundertaken by municipalities and authorized under Chapters 373and 374, Local Government Code;(35)latchkey programs conducted exclusively on a school campusunder an interlocal agreement with the school district in whichthe school campus is located; and(36)enforcement of land use restrictions under Subchapter A,Chapter 230, Local Government Code.(b)This chapter does not apply to the liability of amunicipality for damages arising from its proprietary functions,which are those functions that a municipality may, in itsdiscretion, perform in the interest of the inhabitants of themunicipality, including but not limited to:(1)the operation and maintenance of a public utility;(2)amusements owned and operated by the municipality; and(3)any activity that is abnormally dangerous or ultrahazardous.(c)The proprietary functions of a municipality do not includethose governmental activities listed under Subsection (a).Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.02, eff.Sept. 2, 1987. Amended by Acts 1997, 75th Leg., ch. 152, Sec. 1,eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1170, Sec. 2, eff.June 18, 1999; Acts 2001, 77th Leg., ch. 1399, Sec. 1, eff. June16, 2001.Sec. 101.022.DUTY OWED:PREMISE AND SPECIAL DEFECTS.(a)Except as provided in Subsection (c), if a claim arises from apremise defect, the governmental unit owes to the claimant onlythe duty that a private person owes to a licensee on privateproperty, unless the claimant pays for the use of the premises.(b)The limitation of duty in this section does not apply to theduty to warn of special defects such as excavations orobstructions on highways, roads, or streets or to the duty towarn of the absence, condition, or malfunction of traffic signs,signals, or warning devices as is required by Section 101.060.(c)If a claim arises from a premise defect on a toll highway,road, or street, the governmental unit owes to the claimant onlythe duty that a private person owes to a licensee on privateproperty.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by:Acts 2005, 79th Leg., Ch.281, Sec. 2.88, eff. June 14, 2005.Sec. 101.023.LIMITATION ON AMOUNT OF LIABILITY.(a)Liabilityof the state government under this chapter is limited to moneydamages in a maximum amount of $250,000 for each person and$500,000 for each single occurrence for bodily injury or deathand $100,000 for each single occurrence for injury to ordestruction of property.(b)Except as provided by Subsection (c), liability of a unit oflocal government under this chapter is limited to money damagesin a maximum amount of $100,000 for each person and $300,000 foreach single occurrence for bodily injury or death and $100,000for each single occurrence for injury to or destruction ofproperty.(c)Liability of a municipality under this chapter is limited tomoney damages in a maximum amount of $250,000 for each person and$500,000 for each single occurrence for bodily injury or deathand $100,000 for each single occurrence for injury to ordestruction of property.(d)Except as provided by Section 78.001, liability of anemergency service organization under this chapter is limited tomoney damages in a maximum amount of $100,000 for each person and$300,000 for each single occurrence for bodily injury or deathand $100,000 for each single occurrence for injury to ordestruction of property.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.03, eff.Sept. 2, 1987; Acts 1995, 74th Leg., ch. 827, Sec. 2, eff. Aug.28, 1995; Acts 1997, 75th Leg., ch. 968, Sec. 2, eff. Sept. 1,1997.Sec. 101.024.EXEMPLARY DAMAGES.This chapter does notauthorize exemplary damages.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.025.WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TOSUE.(a)Sovereign immunity to suit is waived and abolished tothe extent of liability created by this chapter.(b)A person having a claim under this chapter may sue agovernmental unit for damages allowed by this chapter.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.026.INDIVIDUAL'S IMMUNITY PRESERVED.To the extent anemployee has individual immunity from a tort claim for damages,it is not affected by this chapter.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.027.LIABILITY INSURANCE.(a)Each governmental unitother than a unit of state government may purchase insurancepolicies protecting the unit and the unit's employees againstclaims under this chapter. A unit of state government maypurchase such a policy only to the extent that the unit isauthorized or required to do so under other law.(b)The policies may relinquish to the insurer the right toinvestigate, defend, compromise, and settle any claim under thischapter to which the insurance coverage extends.(c)This state or a political subdivision of the state may notrequire an employee to purchase liability insurance as acondition of employment if the state or the political subdivisionis insured by a liability insurance policy.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.01, eff. Sept.1, 1999.Sec. 101.028.WORKERS' COMPENSATION INSURANCE.A governmentalunit that has workers' compensation insurance or that accepts theworkers' compensation laws of this state is entitled to theprivileges and immunities granted by the workers' compensationlaws of this state to private individuals and corporations.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.029.LIABILITY FOR CERTAIN CONDUCT OF STATE PRISONINMATES.(a)The Department of Criminal Justice is liable forproperty damage, personal injury, and death proximately caused bythe wrongful act or omission or the negligence of an inmate orstate jail defendant housed in a facility operated by thedepartment if:(1)the property damage, personal injury, or death arises fromthe operation or use of a motor-driven vehicle or motor-drivenequipment;(2)the inmate or defendant would be personally liable to theclaimant for the property damage, personal injury, or deathaccording to Texas law were the inmate or defendant a privateperson acting in similar circumstances; and(3)the act, omission, or negligence was committed by the inmateor defendant acting in the course and scope of a task or activitythat:(A)the inmate or defendant performed at the request of anemployee of the department; and(B)the inmate or defendant performed under the control orsupervision of the department.(b)A claimant may not name the inmate or state jail defendantwhose act or omission gave rise to the claim as a codefendant inan action brought under this section.(c)A judgment in an action or a settlement of a claim againstthe Department of Criminal Justice under this section bars anyaction involving the same subject matter by the claimant againstthe inmate or state jail defendant whose act or omission gaverise to the claim. A judgment in an action or a settlement of aclaim against an inmate or state jail defendant bars any actioninvolving the same subject matter by the claimant against theDepartment of Criminal Justice under this section.(d)This section does not apply to property damage, personalinjury, or death sustained by an inmate or state jail defendant.Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.108, eff. Sept. 1,1995. Amended by Acts 1999, 76th Leg., ch. 313, Sec. 1, eff.Sept. 1, 1999.SUBCHAPTER C. EXCLUSIONS AND EXCEPTIONSSec. 101.051.SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLYEXCLUDED.Except as to motor vehicles, this chapter does notapply to a school district or to a junior college district.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.052.LEGISLATIVE.This chapter does not apply to aclaim based on an act or omission of the legislature or a memberof the legislature acting in his official capacity or to thelegislative functions of a governmental unit.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.053.JUDICIAL.(a)This chapter does not apply to aclaim based on an act or omission of a court of this state or anymember of a court of this state acting in his official capacityor to a judicial function of a governmental unit. "Officialcapacity" means all duties of office and includes administrativedecisions or actions.(b)This chapter does not apply to a claim based on an act oromission of an employee in the execution of a lawful order of anycourt.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.04, eff.Sept. 2, 1987.Sec. 101.054.STATE MILITARY PERSONNEL.This chapter does notapply to a claim arising from the activities of the statemilitary forces when on active duty under the lawful orders ofcompetent authority.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.055.CERTAIN GOVERNMENTAL FUNCTIONS.This chapter doesnot apply to a claim arising:(1)in connection with the assessment or collection of taxes bya governmental unit;(2)from the action of an employee while responding to anemergency call or reacting to an emergency situation if theaction is in compliance with the laws and ordinances applicableto emergency action, or in the absence of such a law orordinance, if the action is not taken with conscious indifferenceor reckless disregard for the safety of others; or(3)from the failure to provide or the method of providingpolice or fire protection.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.05, eff.Sept. 2, 1987; Acts 1995, 74th Leg., ch. 139, Sec. 1, eff. Sept.1, 1995.Sec. 101.056.DISCRETIONARY POWERS.This chapter does not applyto a claim based on:(1)the failure of a governmental unit to perform an act thatthe unit is not required by law to perform; or(2)a governmental unit's decision not to perform an act or onits failure to make a decision on the performance ornonperformance of an act if the law leaves the performance ornonperformance of the act to the discretion of the governmentalunit.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 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 oromission arising out of civil disobedience, riot, insurrection,or rebellion; or(2)arising out of assault, battery, false imprisonment, or anyother intentional tort, including a tort involving disciplinaryaction by school authorities.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.058.LANDOWNER'S LIABILITY.To the extent that Chapter75 limits the liability of a governmental unit undercircumstances in which the governmental unit would be liableunder this chapter, Chapter 75 controls.Added by Acts 1995, 74th Leg., ch. 520, Sec. 4, eff. Aug. 28,1995.Sec. 101.059.ATTRACTIVE NUISANCES.This chapter does not applyto a claim based on the theory of attractive nuisance.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.060.TRAFFIC AND ROAD CONTROL DEVICES.(a)Thischapter does not apply to a claim arising from:(1)the failure of a governmental unit initially to place atraffic or road sign, signal, or warning device if the failure isa result of discretionary action of the governmental unit;(2)the absence, condition, or malfunction of a traffic or roadsign, signal, or warning device unless the absence, condition, ormalfunction is not corrected by the responsible governmental unitwithin a reasonable time after notice; or(3)the removal or destruction of a traffic or road sign,signal, or warning device by a third person unless thegovernmental unit fails to correct the removal or destructionwithin a reasonable time after actual notice.(b)The signs, signals, and warning devices referred to in thissection are those used in connection with hazards normallyconnected with the use of the roadway.(c)This section does not apply to the duty to warn of specialdefects such as excavations or roadway obstructions.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.061.TORT COMMITTED BEFORE JANUARY 1, 1970.Thischapter does not apply to a claim based on an act or omissionthat occurred before January 1, 1970.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.062.9-1-1 EMERGENCY SERVICE.(a)In this section,"9-1-1 service" and "public agency" have the meanings assignedthose terms by Section 771.001, Health and Safety Code.(b)This chapter applies to a claim against a public agency thatarises from an action of an employee of the public agency or avolunteer under direction of the public agency and that involvesproviding 9-1-1 service or responding to a 9-1-1 emergency callonly if the action violates a statute or ordinance applicable tothe action.Added by Acts 1987, 70th Leg., ch. 236, Sec. 2, eff. Aug. 31,1987. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(3), eff.Sept. 1, 1991.Sec. 101.063.MEMBERS OF PUBLIC HEALTH DISTRICT.A governmentalunit that is a member of a public health district is not liableunder this chapter for any conduct of the district's personnel orfor any condition or use of the district's property.Added by Acts 1991, 72nd Leg., ch. 476, Sec. 2, eff. Aug. 26,1991.Sec. 101.064.LAND ACQUIRED UNDER FORECLOSURE OF LIEN.(a)This section applies only to a municipality that acquires land ata sale following the foreclosure of a lien held by themunicipality.(b)This chapter does not apply to a claim that:(1)arises after the date the land was acquired and before thedate the land is sold, conveyed, or exchanged by themunicipality; and(2)arises from:(A)the condition of the land;(B)a premises defect on the land; or(C)an action committed by any person, other than an agent oremployee of the municipality, on the land.(c)In this section, the term "land" includes any building orimprovement located on land acquired by a municipality.Added by Acts 1995, 74th Leg., ch. 139, Sec. 5, eff. Sept. 1,1995; Acts 1995, 74th Leg., ch. 442, Sec. 1, eff. Sept. 1, 1995.Amended by Acts 1997, 75th Leg., ch. 712, Sec. 2, eff. June 17,1997.Sec. 101.065.NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT OFFICERS.This chapter does not apply to the wrongful act or omission orthe negligence of an officer commissioned by the Department ofPublic Safety if the officer was not on active duty at the timethe act, omission, or negligence occurred. This section applieswithout regard to whether the officer was wearing a uniformpurchased under Section 411.0078, Government Code, at the timethe act, omission, or negligence occurred.Added by Acts 1995, 74th Leg., ch. 738, Sec. 2, eff. Sept. 1,1995. Renumbered from Civil Practice and Remedies Code Sec.101.058 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(9), eff.Sept. 1, 1997.Sec. 101.066.COMPUTER DATE FAILURE.This chapter does notapply to a claim for property damage caused by a computer datefailure as described by Section 147.003.Added by Acts 1999, 76th Leg., ch. 128, Sec. 3, eff. May 19,1999.Sec. 101.067.GRAFFITI REMOVAL.This chapter does not apply toa claim for property damage caused by the removal of graffitiunder Section 250.006, Local Government Code.Added by Acts 2009, 81st Leg., R.S., Ch.1130, Sec. 27, eff. September 1, 2009.SUBCHAPTER D. PROCEDURESSec. 101.101.NOTICE.(a)A governmental unit is entitled toreceive notice of a claim against it under this chapter not laterthan six months after the day that the incident giving rise tothe claim occurred. The notice must reasonably describe:(1)the damage or injury claimed;(2)the time and place of the incident; and(3)the incident.(b)A city's charter and ordinance provisions requiring noticewithin a charter period permitted by law are ratified andapproved.(c)The notice requirements provided or ratified and approved bySubsections (a) and (b) do not apply if the governmental unit hasactual notice that death has occurred, that the claimant hasreceived some injury, or that the claimant's property has beendamaged.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.102.COMMENCEMENT OF SUIT.(a)A suit under thischapter shall be brought in state court in the county in whichthe cause of action or a part of the cause of action arises.(b)The pleadings of the suit must name as defendant thegovernmental unit against which liability is to be established.(c)In a suit against the state, citation must be served on thesecretary of state. In other suits, citation must be served as inother civil cases unless no method of service is provided by law,in which case service may be on the administrative head of thegovernmental unit being sued. If the administrative head of thegovernmental unit is not available, the court in which the suitis pending may authorize service in any manner that affords thegovernmental unit a fair opportunity to answer and defend thesuit.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.06, eff.Sept. 2, 1987.Sec. 101.103.LEGAL REPRESENTATION.(a)The attorney generalshall defend each action brought under this chapter against agovernmental unit that has authority and jurisdiction coextensivewith the geographical limits of this state. The attorney generalmay be fully assisted by counsel provided by an insurancecarrier.(b)A governmental unit having an area of jurisdiction smallerthan the entire state shall employ its own counsel according tothe organic act under which the unit operates, unless thegovernmental unit has relinquished to an insurance carrier theright to defend against the claim.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.104.EVIDENCE OF INSURANCE COVERAGE.(a)Neither theexistence nor the amount of insurance held by a governmental unitis admissible in the trial of a suit under this chapter.(b)Neither the existence nor the amount of the insurance issubject to discovery.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.105.SETTLEMENT.(a)A cause of action under thischapter may be settled and compromised by the governmental unitif, in a case involving the state the governor determines, or if,in other cases the governing body of the governmental unitdetermines, that the compromise is in the best interests of thegovernmental unit.(b)Approval is not required if the governmental unit hasacquired insurance under this chapter.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.106.ELECTION OF REMEDIES.(a) The filing of a suitunder this chapter against a governmental unit constitutes anirrevocable election by the plaintiff and immediately and foreverbars any suit or recovery by the plaintiff against any individualemployee of the governmental unit regarding the same subjectmatter.(b)The filing of a suit against any employee of a governmentalunit constitutes an irrevocable election by the plaintiff andimmediately and forever bars any suit or recovery by theplaintiff against the governmental unit regarding the samesubject matter unless the governmental unit consents.(c)The settlement of a claim arising under this chapter shallimmediately and forever bar the claimant from any suit against orrecovery from any employee of the same governmental unitregarding the same subject matter.(d)A judgment against an employee of a governmental unit shallimmediately and forever bar the party obtaining the judgment fromany suit against or recovery from the governmental unit.(e)If a suit is filed under this chapter against both agovernmental unit and any of its employees, the employees shallimmediately be dismissed on the filing of a motion by thegovernmental unit.(f)If a suit is filed against an employee of a governmentalunit based on conduct within the general scope of that employee'semployment and if it could have been brought under this chapteragainst the governmental unit, the suit is considered to beagainst the employee in the employee's official capacity only. Onthe employee's motion, the suit against the employee shall bedismissed unless the plaintiff files amended pleadings dismissingthe employee and naming the governmental unit as defendant on orbefore the 30th day after the date the motion is filed.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by Acts 2003, 78th Leg., ch. 204, Sec. 11.05, eff. Sept.1, 2003.Sec. 101.107.PAYMENT AND COLLECTION OF JUDGMENT.(a)Ajudgment in a suit under this chapter may be enforced only in thesame manner and to the same extent as other judgments against thegovernmental unit are enforceable as provided by law, unless thegovernmental unit has liability or indemnity insuranceprotection, in which case the holder of the judgment may collectthe judgment, to the extent of the insurer's liability, asprovided in the insurance or indemnity contract or policy or asotherwise provided by law.(b)A judgment or a portion of a judgment that is not payable byan insurer need not be paid by a governmental unit until thefirst fiscal year following the fiscal year in which the judgmentbecomes final.(c)If in a fiscal year the aggregate amount of judgments underthis chapter against a governmental unit that become final,excluding the amount payable by an insurer, exceeds one percentof the unit's budgeted tax funds for the fiscal year, excludinggeneral obligation debt service requirements, the governmentalunit may pay the judgments in equal annual installments for aperiod of not more than five years. If payments are extendedunder this subsection, the governmental unit shall pay intereston the unpaid balance at the rate provided by law.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.108.AD VALOREM TAXES FOR PAYMENT OF JUDGMENT.(a)Agovernmental unit not fully covered by liability insurance maylevy an ad valorem tax for the payment of any final judgmentunder this chapter.(b)If necessary to pay the amount of a judgment, the ad valoremtax rate may exceed any legal tax rate limit applicable to thegovernmental unit except a limit imposed by the constitution.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Sec. 101.109.PAYMENT OF CLAIMS AGAINST CERTAIN UNIVERSITIES.Aclaim under this chapter against a state-supported senior collegeor university is payable only by a direct legislativeappropriation made to satisfy claims unless insurance has beenacquired as provided by this chapter. If insurance has beenacquired, the claimant is entitled to payment to the extent ofthe coverage as in other cases.Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
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  • CIVIL PRACTICE AND REMEDIES CODE

    TITLE 5. GOVERNMENTAL LIABILITY

    CHAPTER 101. TORT CLAIMS

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 101.001. DEFINITIONS. In this chapter:

    (1) "Emergency service organization" means a volunteer fire

    department, rescue squad, or an emergency medical services

    provider that is:

    (A) operated by its members; and

    (B) exempt from state taxes by being listed as an exempt

    organization under Section 151.310 or 171.083, Tax Code.

    (2) "Employee" means a person, including an officer or agent,

    who is in the paid service of a governmental unit by competent

    authority, but does not include an independent contractor, an

    agent or employee of an independent contractor, or a person who

    performs tasks the details of which the governmental unit does

    not have the legal right to control.

    (3) "Governmental unit" means:

    (A) this state and all the several agencies of government that

    collectively constitute the government of this state, including

    other agencies bearing different designations, and all

    departments, bureaus, boards, commissions, offices, agencies,

    councils, and courts;

    (B) a political subdivision of this state, including any city,

    county, school district, junior college district, levee

    improvement district, drainage district, irrigation district,

    water improvement district, water control and improvement

    district, water control and preservation district, freshwater

    supply district, navigation district, conservation and

    reclamation district, soil conservation district, communication

    district, public health district, and river authority;

    (C) an emergency service organization; and

    (D) any other institution, agency, or organ of government the

    status and authority of which are derived from the Constitution

    of Texas or from laws passed by the legislature under the

    constitution.

    (4) "Motor-driven equipment" does not include:

    (A) equipment used in connection with the operation of

    floodgates or water release equipment by river authorities

    created under the laws of this state; or

    (B) medical equipment, such as iron lungs, located in hospitals.

    (5) "Scope of employment" means the performance for a

    governmental unit of the duties of an employee's office or

    employment and includes being in or about the performance of a

    task lawfully assigned to an employee by competent authority.

    (6) "State government" means an agency, board, commission,

    department, or office, other than a district or authority created

    under Article XVI, Section 59, of the Texas Constitution, that:

    (A) was created by the constitution or a statute of this state;

    and

    (B) has statewide jurisdiction.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by Acts 1987, 70th Leg., ch. 693, Sec. 1, eff. June 19,

    1987; Acts 1991, 72nd Leg., ch. 476, Sec. 1, eff. Aug. 26, 1991;

    Acts 1995, 74th Leg., ch. 827, Sec. 1, eff. Aug. 28, 1995; Acts

    1997, 75th Leg., ch. 968, Sec. 1, eff. Sept. 1, 1997.

    Sec. 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.

    Sec. 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, 1985.

    SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS

    Sec. 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 the negligence of an

    employee acting within his scope of employment if:

    (A) the property damage, personal injury, or death arises from

    the operation or use of a motor-driven vehicle or motor-driven

    equipment; and

    (B) the employee would be personally liable to the claimant

    according to Texas law; and

    (2) personal injury and death so caused by a condition or use of

    tangible personal or real property if the governmental unit

    would, were it a private person, be liable to the claimant

    according to Texas law.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 101.0211. NO LIABILITY FOR JOINT ENTERPRISE. The common

    law doctrine of vicarious liability because of participation in a

    joint enterprise does not impose liability on a water district

    created pursuant to either Sections 52(b)(1) and (2), Article

    III, or Section 59, Article XVI, Texas Constitution, regardless

    of how created, for a claim brought under this chapter.

    Added by Acts 2001, 77th Leg., ch. 1423, Sec. 35, eff. June 17,

    2001.

    Sec. 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 by law and are given it by the state

    as part of the state's sovereignty, to be exercised by the

    municipality in the interest of the general public, including but

    not limited to:

    (1) police and fire protection and control;

    (2) health and sanitation services;

    (3) street construction and design;

    (4) bridge construction and maintenance and street maintenance;

    (5) cemeteries and cemetery care;

    (6) garbage and solid waste removal, collection, and disposal;

    (7) establishment and maintenance of jails;

    (8) hospitals;

    (9) sanitary and storm sewers;

    (10) airports;

    (11) waterworks;

    (12) repair garages;

    (13) parks and zoos;

    (14) museums;

    (15) libraries and library maintenance;

    (16) civic, convention centers, or coliseums;

    (17) community, neighborhood, or senior citizen centers;

    (18) operation of emergency ambulance service;

    (19) dams and reservoirs;

    (20) warning signals;

    (21) regulation of traffic;

    (22) transportation systems;

    (23) recreational facilities, including but not limited to

    swimming pools, beaches, and marinas;

    (24) vehicle and motor driven equipment maintenance;

    (25) parking facilities;

    (26) tax collection;

    (27) firework displays;

    (28) building codes and inspection;

    (29) zoning, planning, and plat approval;

    (30) engineering functions;

    (31) maintenance of traffic signals, signs, and hazards;

    (32) water and sewer service;

    (33) animal control;

    (34) community development or urban renewal activities

    undertaken by municipalities and authorized under Chapters 373

    and 374, Local Government Code;

    (35) latchkey programs conducted exclusively on a school campus

    under an interlocal agreement with the school district in which

    the school campus is located; and

    (36) enforcement of land use restrictions under Subchapter A,

    Chapter 230, Local Government Code.

    (b) This chapter does not apply to the liability of a

    municipality for damages arising from its proprietary functions,

    which are those functions that a municipality may, in its

    discretion, perform in the interest of the inhabitants of the

    municipality, including but not limited to:

    (1) the operation and maintenance of a public utility;

    (2) amusements owned and operated by the municipality; and

    (3) any activity that is abnormally dangerous or ultrahazardous.

    (c) The proprietary functions of a municipality do not include

    those governmental activities listed under Subsection (a).

    Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.02, eff.

    Sept. 2, 1987. Amended by Acts 1997, 75th Leg., ch. 152, Sec. 1,

    eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1170, Sec. 2, eff.

    June 18, 1999; Acts 2001, 77th Leg., ch. 1399, Sec. 1, eff. June

    16, 2001.

    Sec. 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 that a private person owes to a licensee on private

    property, unless the claimant pays for the use of the premises.

    (b) The limitation of duty in this section does not apply to the

    duty to warn of special defects such as excavations or

    obstructions on highways, roads, or streets or to the duty to

    warn of the absence, condition, or malfunction of traffic signs,

    signals, or warning devices as is required by Section 101.060.

    (c) If a claim arises from a premise defect on a toll highway,

    road, or street, the governmental unit owes to the claimant only

    the duty that a private person owes to a licensee on private

    property.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    281, Sec. 2.88, eff. June 14, 2005.

    Sec. 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 for each single occurrence for bodily injury or death

    and $100,000 for each single occurrence for injury to or

    destruction of property.

    (b) Except as provided by Subsection (c), liability of a unit of

    local government under this chapter is limited to money damages

    in a maximum amount of $100,000 for each person and $300,000 for

    each single occurrence for bodily injury or death and $100,000

    for each single occurrence for injury to or destruction of

    property.

    (c) Liability of a municipality under this chapter is limited to

    money damages in a maximum amount of $250,000 for each person and

    $500,000 for each single occurrence for bodily injury or death

    and $100,000 for each single occurrence for injury to or

    destruction of property.

    (d) Except as provided by Section 78.001, liability of an

    emergency service organization under this chapter is limited to

    money damages in a maximum amount of $100,000 for each person and

    $300,000 for each single occurrence for bodily injury or death

    and $100,000 for each single occurrence for injury to or

    destruction of property.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.03, eff.

    Sept. 2, 1987; Acts 1995, 74th Leg., ch. 827, Sec. 2, eff. Aug.

    28, 1995; Acts 1997, 75th Leg., ch. 968, Sec. 2, eff. Sept. 1,

    1997.

    Sec. 101.024. EXEMPLARY DAMAGES. This chapter does not

    authorize exemplary damages.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 this chapter may sue a

    governmental unit for damages allowed by this chapter.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 this chapter. A unit of state government may

    purchase such a policy only to the extent that the unit is

    authorized or required to do so under other law.

    (b) The policies may relinquish to the insurer the right to

    investigate, defend, compromise, and settle any claim under this

    chapter to which the insurance coverage extends.

    (c) This state or a political subdivision of the state may not

    require an employee to purchase liability insurance as a

    condition of employment if the state or the political subdivision

    is insured by a liability insurance policy.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.01, eff. Sept.

    1, 1999.

    Sec. 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 granted by the workers' compensation

    laws of this state to private individuals and corporations.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 negligence of an inmate or

    state jail defendant housed in a facility operated by the

    department if:

    (1) the property damage, personal injury, or death arises from

    the operation or use of a motor-driven vehicle or motor-driven

    equipment;

    (2) the inmate or defendant would be personally liable to the

    claimant for the property damage, personal injury, or death

    according to Texas law were the inmate or defendant a private

    person acting in similar circumstances; and

    (3) the act, omission, or negligence was committed by the inmate

    or defendant acting in the course and scope of a task or activity

    that:

    (A) the inmate or defendant performed at the request of an

    employee of the department; and

    (B) the inmate or defendant performed under the control or

    supervision of the department.

    (b) A claimant may not name the inmate or state jail defendant

    whose act or omission gave rise to the claim as a codefendant in

    an action brought under this section.

    (c) A judgment in an action or a settlement of a claim against

    the Department of Criminal Justice under this section bars any

    action involving the same subject matter by the claimant against

    the inmate or state jail defendant whose act or omission gave

    rise to the claim. A judgment in an action or a settlement of a

    claim against an inmate or state jail defendant bars any action

    involving the same subject matter by the claimant against the

    Department of Criminal Justice under this section.

    (d) This section does not apply to property damage, personal

    injury, or death sustained by an inmate or state jail defendant.

    Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.108, eff. Sept. 1,

    1995. Amended by Acts 1999, 76th Leg., ch. 313, Sec. 1, eff.

    Sept. 1, 1999.

    SUBCHAPTER C. EXCLUSIONS AND EXCEPTIONS

    Sec. 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. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 his official capacity or to the

    legislative functions of a governmental unit.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 a court of this state acting in his official capacity

    or to a judicial function of a governmental unit. "Official

    capacity" means all duties of office and includes administrative

    decisions or actions.

    (b) This chapter does not apply to a claim based on an act or

    omission of an employee in the execution of a lawful order of any

    court.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.04, eff.

    Sept. 2, 1987.

    Sec. 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 of

    competent authority.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 the action of an employee while responding to an

    emergency call or reacting to an emergency situation if the

    action is in compliance with the laws and ordinances applicable

    to emergency action, or in the absence of such a law or

    ordinance, if the action is not taken with conscious indifference

    or reckless disregard for the safety of others; or

    (3) from the failure to provide or the method of providing

    police or fire protection.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.05, eff.

    Sept. 2, 1987; Acts 1995, 74th Leg., ch. 139, Sec. 1, eff. Sept.

    1, 1995.

    Sec. 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 not required by law to perform; or

    (2) a governmental unit's decision not to perform an act or on

    its failure to make a decision on the performance or

    nonperformance of an act if the law leaves the performance or

    nonperformance of the act to the discretion of the governmental

    unit.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 disobedience, riot, insurrection,

    or rebellion; or

    (2) arising out of assault, battery, false imprisonment, or any

    other intentional tort, including a tort involving disciplinary

    action by school authorities.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 chapter, Chapter 75 controls.

    Added by Acts 1995, 74th Leg., ch. 520, Sec. 4, eff. Aug. 28,

    1995.

    Sec. 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. 1, 1985.

    Sec. 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 sign, signal, or warning device if the failure is

    a result of discretionary action of the governmental unit;

    (2) the absence, condition, or malfunction of a traffic or road

    sign, signal, or warning device unless the absence, condition, or

    malfunction is not corrected by the responsible governmental unit

    within a reasonable time after notice; or

    (3) the removal or destruction of a traffic or road sign,

    signal, or warning device by a third person unless the

    governmental unit fails to correct the removal or destruction

    within a reasonable time after actual notice.

    (b) The signs, signals, and warning devices referred to in this

    section are those used in connection with hazards normally

    connected with the use of the roadway.

    (c) This section does not apply to the duty to warn of special

    defects such as excavations or roadway obstructions.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 applies to a claim against a public agency that

    arises from an action of an employee of the public agency or a

    volunteer under direction of the public agency and that involves

    providing 9-1-1 service or responding to a 9-1-1 emergency call

    only if the action violates a statute or ordinance applicable to

    the action.

    Added by Acts 1987, 70th Leg., ch. 236, Sec. 2, eff. Aug. 31,

    1987. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(3), eff.

    Sept. 1, 1991.

    Sec. 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 or

    for any condition or use of the district's property.

    Added by Acts 1991, 72nd Leg., ch. 476, Sec. 2, eff. Aug. 26,

    1991.

    Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN. (a)

    This section applies only to a municipality that acquires land at

    a sale following the foreclosure of a lien held by the

    municipality.

    (b) This chapter does not apply to a claim that:

    (1) arises after the date the land was acquired and before the

    date the land is sold, conveyed, or exchanged by the

    municipality; and

    (2) arises from:

    (A) the condition of the land;

    (B) a premises defect on the land; or

    (C) an action committed by any person, other than an agent or

    employee of the municipality, on the land.

    (c) In this section, the term "land" includes any building or

    improvement located on land acquired by a municipality.

    Added by Acts 1995, 74th Leg., ch. 139, Sec. 5, eff. Sept. 1,

    1995; Acts 1995, 74th Leg., ch. 442, Sec. 1, eff. Sept. 1, 1995.

    Amended by Acts 1997, 75th Leg., ch. 712, Sec. 2, eff. June 17,

    1997.

    Sec. 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 the officer was not on active duty at the time

    the act, omission, or negligence occurred. This section applies

    without regard to whether the officer was wearing a uniform

    purchased under Section 411.0078, Government Code, at the time

    the act, omission, or negligence occurred.

    Added by Acts 1995, 74th Leg., ch. 738, Sec. 2, eff. Sept. 1,

    1995. Renumbered from Civil Practice and Remedies Code Sec.

    101.058 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(9), eff.

    Sept. 1, 1997.

    Sec. 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 1999, 76th Leg., ch. 128, Sec. 3, eff. May 19,

    1999.

    Sec. 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 Acts 2009, 81st Leg., R.S., Ch.

    1130, Sec. 27, eff. September 1, 2009.

    SUBCHAPTER D. PROCEDURES

    Sec. 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 that the incident giving rise to

    the claim occurred. The notice must reasonably describe:

    (1) the damage or injury claimed;

    (2) the time and place of the incident; and

    (3) the incident.

    (b) A city's charter and ordinance provisions requiring notice

    within a charter period permitted by law are ratified and

    approved.

    (c) The notice requirements provided or ratified and approved by

    Subsections (a) and (b) do not apply if the governmental unit has

    actual notice that death has occurred, that the claimant has

    received some injury, or that the claimant's property has been

    damaged.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 the cause of action arises.

    (b) The pleadings of the suit must name as defendant the

    governmental unit against which liability is to be established.

    (c) In a suit against the state, citation must be served on the

    secretary of state. In other suits, citation must be served as in

    other civil cases unless no method of service is provided by law,

    in which case service may be on the administrative head of the

    governmental unit being sued. If the administrative head of the

    governmental unit is not available, the court in which the suit

    is pending may authorize service in any manner that affords the

    governmental unit a fair opportunity to answer and defend the

    suit.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.06, eff.

    Sept. 2, 1987.

    Sec. 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 limits of this state. The attorney general

    may be fully assisted by counsel provided by an insurance

    carrier.

    (b) A governmental unit having an area of jurisdiction smaller

    than the entire state shall employ its own counsel according to

    the organic act under which the unit operates, unless the

    governmental unit has relinquished to an insurance carrier the

    right to defend against the claim.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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.

    (b) Neither the existence nor the amount of the insurance is

    subject to discovery.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 governor determines, or if,

    in other cases the governing body of the governmental unit

    determines, that the compromise is in the best interests of the

    governmental unit.

    (b) Approval is not required if the governmental unit has

    acquired insurance under this chapter.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 any suit or recovery by the plaintiff against any individual

    employee of the governmental unit regarding the same subject

    matter.

    (b) The filing of a suit against any employee of a governmental

    unit constitutes an irrevocable election by the plaintiff and

    immediately and forever bars any suit or recovery by the

    plaintiff against the governmental unit regarding the same

    subject matter unless the governmental unit consents.

    (c) The settlement of a claim arising under this chapter shall

    immediately and forever bar the claimant from any suit against or

    recovery from any employee of the same governmental unit

    regarding the same subject matter.

    (d) A judgment against an employee of a governmental unit shall

    immediately and forever bar the party obtaining the judgment from

    any suit against or recovery from the governmental unit.

    (e) If a suit is filed under this chapter against both a

    governmental unit and any of its employees, the employees shall

    immediately be dismissed on the filing of a motion by the

    governmental unit.

    (f) If a suit is filed against an employee of a governmental

    unit based on conduct within the general scope of that employee's

    employment and if it could have been brought under this chapter

    against the governmental unit, the suit is considered to be

    against the employee in the employee's official capacity only. On

    the employee's motion, the suit against the employee shall be

    dismissed unless the plaintiff files amended pleadings dismissing

    the employee and naming the governmental unit as defendant on or

    before the 30th day after the date the motion is filed.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Amended by Acts 2003, 78th Leg., ch. 204, Sec. 11.05, eff. Sept.

    1, 2003.

    Sec. 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 against the

    governmental unit are enforceable as provided by law, unless the

    governmental unit has liability or indemnity insurance

    protection, in which case the holder of the judgment may collect

    the judgment, to the extent of the insurer's liability, as

    provided in the insurance or indemnity contract or policy or as

    otherwise provided by law.

    (b) A judgment or a portion of a judgment that is not payable by

    an insurer need not be paid by a governmental unit until the

    first fiscal year following the fiscal year in which the judgment

    becomes final.

    (c) If in a fiscal year the aggregate amount of judgments under

    this chapter against a governmental unit that become final,

    excluding the amount payable by an insurer, exceeds one percent

    of the unit's budgeted tax funds for the fiscal year, excluding

    general obligation debt service requirements, the governmental

    unit may pay the judgments in equal annual installments for a

    period of not more than five years. If payments are extended

    under this subsection, the governmental unit shall pay interest

    on the unpaid balance at the rate provided by law.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 chapter.

    (b) If necessary to pay the amount of a judgment, the ad valorem

    tax rate may exceed any legal tax rate limit applicable to the

    governmental unit except a limit imposed by the constitution.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

    Sec. 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 insurance has been

    acquired as provided by this chapter. If insurance has been

    acquired, the claimant is entitled to payment to the extent of

    the coverage as in other cases.

    Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

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