reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 101.066 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter C. Exclusions and Exceptions|Section 101.066. Computer Date Failure

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.|
TX Civ Prac & Rem Code § 101.067 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter C. Exclusions and Exceptions|Section 101.067. Graffiti Removal

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 (H.B. 2086), Sec. 27, eff. September 1, 2009.|
TX Civ Prac & Rem Code § 101.101 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.101. Notice

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.|
TX Civ Prac & Rem Code § 101.102 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.102. Commencement of Suit

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.|
TX Civ Prac & Rem Code § 101.103 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.103. Legal Representation

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.|
TX Civ Prac & Rem Code § 101.104 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.104. Evidence of Insurance Coverage

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.|
TX Civ Prac & Rem Code § 101.105 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.105. Settlement

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.|
TX Civ Prac & Rem Code § 101.106 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.106. Election of Remedies

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.|
TX Civ Prac & Rem Code § 101.107 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.107. Payment and Collection of Judgment

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.|
TX Civ Prac & Rem Code § 101.108 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.108. Ad Valorem Taxes for Payment of Judgment

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.|
TX Civ Prac & Rem Code § 101.109 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 101 - Tort Claims|Subchapter D. Procedures|Section 101.109. Payment of Claims Against Certain Universities

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.|
TX Civ Prac & Rem Code § 103.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter A. Eligibility; Notice of Eligibility|Section 103.002. Notice to Wrongfully Imprisoned Person

Sec. 103.002.  NOTICE TO WRONGFULLY IMPRISONED PERSON.  (a)  In this section:(1)  "Department" means the Texas Department of Criminal Justice.(2)  "Penal institution" has the meaning assigned by Article 62.001, Code of Criminal Procedure.(3)  "Wrongfully imprisoned person" has the meaning assigned by Section 501.091, Government Code, as added by Chapter 1389 (S.B. 1847), Acts of the 81st Legislature, Regular Session, 2009.(b)  The department shall provide to each wrongfully imprisoned person information, both orally and in writing, that includes:(1)  guidance on how to obtain compensation under this chapter; and(2)  a list of and contact information for nonprofit advocacy groups, identified by the department, that assist wrongfully imprisoned persons in filing claims for compensation under this chapter.(c)  The department must provide the information required under Subsection (b):(1)  at the time of the release of the wrongfully imprisoned person from a penal institution; or(2)  as soon as practicable after the department has reason to believe that the person is entitled to compensation under Section 103.001(a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 3, eff. June 17, 2011.|
TX Civ Prac & Rem Code § 103.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter A. Eligibility; Notice of Eligibility|Section 103.003. Limitation on Time to File

Sec. 103.003.  LIMITATION ON TIME TO FILE.  A person seeking compensation under this chapter must file an application with the comptroller for compensation under Subchapter B not later than the third anniversary of the date:(1)  the person on whose imprisonment the claim is based received a pardon as provided by Section 103.001(a)(2)(A);(2)  the person's application for a writ of habeas corpus was granted as provided by Section 103.001(a)(2)(B); or(3)  an order of dismissal described by Section 103.001(a)(2)(C) was signed.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 3, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 4, eff. June 17, 2011.|
TX Civ Prac & Rem Code § 103.052 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter B. Administrative Proceeding|Section 103.052. Lump-Sum Compensation

Sec. 103.052.  LUMP-SUM COMPENSATION.  (a)  A person who meets the requirements of Section 103.001 is entitled to compensation in an amount equal to:(1)  $80,000 multiplied by the number of years served in prison, expressed as a fraction to reflect partial years; and(2)  compensation for child support payments owed by the person on whose imprisonment the claim is based that became due and interest on child support arrearages that accrued during the time served in prison but were not paid.(b)  A person who, after serving a sentence in a Texas prison for which the person is entitled to compensation under Subsection (a)(1), was released on parole or required to register as a sex offender under Chapter 62, Code of Criminal Procedure, is entitled to compensation in an amount equal to $25,000 multiplied by the number of years served either on parole or as a registered sex offender, expressed as a fraction to reflect partial years.(c)   The amount of compensation under Subsection (a)(2) to which a person is entitled shall be paid on the person's behalf in a lump-sum payment to the state disbursement unit, as defined by Section 101.0302, Family Code, for distribution to the obligee under the child support order.|Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1190 (H.B. 814), Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 5, eff. September 1, 2009.|
TX Civ Prac & Rem Code § 103.053 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter B. Administrative Proceeding|Section 103.053. Annuity Compensation Generally; Standard Annuity Payments

Sec. 103.053.  ANNUITY COMPENSATION GENERALLY; STANDARD ANNUITY PAYMENTS.  (a)  A person entitled to compensation under Section 103.001(a) is entitled to standard annuity payments under this section unless the person elects to receive alternative annuity payments under Section 103.0535.(a-1)  Standard annuity payments are based on a present value sum equal to the amount to which the person is entitled under Sections 103.052(a)(1) and (b).(b)  Standard annuity payments are payable in equal monthly installments for the life of the claimant.(c)  Annuity payments under this chapter must be based on a five percent per annum interest rate and other actuarial factors within the discretion of the comptroller.  Annuity payments under this chapter may not be accelerated, deferred, increased, or decreased.  A person entitled to annuity payments under this chapter, including a claimant's spouse or designated beneficiary entitled to payments under Section 103.0535, may not sell, mortgage or otherwise encumber, or anticipate the payments, wholly or partly, by assignment or otherwise.|Added by Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 6, eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 689 (H.B. 638), Sec. 1, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 103.0535 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter B. Administrative Proceeding|Section 103.0535. Alternative Annuity Compensation

Sec. 103.0535.  ALTERNATIVE ANNUITY COMPENSATION.  (a)  A person entitled to compensation under Section 103.001(a) may elect to receive reduced alternative annuity payments under this section instead of standard annuity payments.(b)  Alternative annuity payments are payable throughout the life of the claimant and are actuarially reduced from the standard annuity payments to their actuarial equivalent under the option selected under Subsection (c).(c)  A claimant may select one of the following options, which provide that:(1)  after the claimant's death, the alternative annuity payments are payable to and throughout the life of the claimant's spouse;(2)  after the claimant's death, three-fourths of the initial alternative annuity payment amount is payable to and throughout the life of the claimant's spouse;(3)  after the claimant's death, one-half of the initial alternative annuity payment amount is payable to and throughout the life of the claimant's spouse;(4)  if the claimant dies before 180 monthly alternative annuity payments have been made, the remainder of the 180 payments are payable to the claimant's spouse or designated beneficiary; or(5)  if the claimant dies before 120 monthly alternative annuity payments have been made, the remainder of the 120 payments are payable to the claimant's spouse or designated beneficiary.(d)  An election under this section must be made not later than the 45th day after the date:(1)  on which the claimant files with the comptroller the application required by Section 103.051; or(2)  on which the claimant experiences one of the following life-changing events:(A)  marriage or divorce of the claimant;(B)  the addition of a dependent of the claimant; or(C)  the death of a dependent, spouse, or beneficiary of the claimant.(d-1)  An election under Subsection (d) must be made on a form prescribed by the comptroller that:(1)  identifies the claimant's spouse or designated beneficiary according to Section 103.0536; and(2)  specifies the option selected under Subsection (c).(e)  A claimant who elects to receive alternative annuity payments under this section that are payable to the claimant and the claimant's spouse and survives the claimant's spouse is entitled to an increase in the amount of the claimant's monthly annuity payments so that the claimant's monthly payments equal the monthly payments the claimant would have received had the claimant not elected to receive the alternative annuity payments. The claimant is entitled to the increased payments beginning the month after the month in which the claimant's spouse dies and ending on the date of the claimant's death.|Added by Acts 2015, 84th Leg., R.S., Ch. 689 (H.B. 638), Sec. 2, eff. September 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 621 (S.B. 1151), Sec. 1, eff. June 10, 2019.|
TX Civ Prac & Rem Code § 103.0536 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter B. Administrative Proceeding|Section 103.0536. Designated Beneficiary

Sec. 103.0536.  DESIGNATED BENEFICIARY.  (a)  A claimant who selects a designated beneficiary to receive the remainder of the alternative annuity payments payable under Section 103.0535(c)(4) or (5) may designate:(1)  one designated beneficiary to receive the remainder of the annuity payments;(2)  two or more designated beneficiaries to receive the remainder of the annuity payments in equal amounts; or(3)  a primary designated beneficiary to receive the remainder of the annuity payments and an additional beneficiary.(b)  If a designated beneficiary designated under Subsection (a)(2) dies before the remainder of the annuity payments are paid, the comptroller shall recalculate the payments so that the remaining designated beneficiaries receive the remainder of the annuity payments in equal amounts.(c)  An additional beneficiary designated under Subsection (a)(3) takes the place of the primary beneficiary if the primary beneficiary dies before the remainder of the annuity payments are paid. A claimant may select not more than four additional beneficiaries and shall determine the order in which the additional beneficiaries are to succeed the primary beneficiary. The remainder of the annuity payments under this subsection are paid to one beneficiary at a time until the beneficiary dies or the remaining annuity payments are paid. If each additional beneficiary dies before the remainder of the annuity payments are paid, the remainder of the annuity payments are payable to the claimant's estate.(d)  A designated beneficiary under this section must be a dependent of the claimant. For purposes of this subsection, "dependent" includes a claimant's spouse, minor child, and any other person for whom the claimant is legally obligated to provide support, including alimony.|Added by Acts 2015, 84th Leg., R.S., Ch. 689 (H.B. 638), Sec. 2, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 103.054 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter B. Administrative Proceeding|Section 103.054. Payment of Certain Tuition and Fees

Sec. 103.054.  PAYMENT OF CERTAIN TUITION AND FEES.  If requested by the claimant before the seventh anniversary of the relevant date described by Section 103.003, tuition for up to 120 credit hours, including tuition charged under Section 54.0513, Education Code, or any other law granting an educational institution discretion to set the tuition rate, and any mandatory fees associated with attendance at the institution, charged by a career center or public institution of higher education shall be paid on behalf of the claimant.|Added by Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 6, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 6, eff. June 17, 2011.|
TX Civ Prac & Rem Code § 103.101 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 103 - Compensation to Persons Wrongfully Imprisoned|Subchapter C. Fees|Section 103.101. Fees Limited; Prerequisites to Fee Agreement

Sec. 103.101.  FEES LIMITED; PREREQUISITES TO FEE AGREEMENT.  (a)  A person, including an attorney, may not charge or collect a fee for preparing, filing, or curing a claimant's application under Section 103.051 unless the fee is based on a reasonable hourly rate.(b)  An attorney may enter into a fee agreement with a claimant for services related to an application under Section 103.051 only after the attorney has disclosed in writing to the claimant the hourly rate that will be charged for the services.(c)  An attorney may not collect a fee for preparing, filing, or curing a claimant's application under Section 103.051 before a final determination is made by the comptroller that the claimant is eligible or ineligible for compensation under this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 7, eff. June 17, 2011.|