reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.027. Liability Insurance

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.028. Workers' Compensation Insurance

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.029. Liability for Certain Conduct of State Prison Inmates

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.051. School and Junior College Districts Partially Excluded

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.052. Legislative

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.053. Judicial

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.054. State Military Personnel

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.055. Certain Governmental Functions

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.056. Discretionary Powers

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.057. Civil Disobedience and Certain Intentional Torts

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.058. Landowner's Liability

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.059. Attractive Nuisances

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.060. Traffic and Road Control Devices

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.061. Tort Committed Before January 1, 1970

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.062. 9-1-1 Emergency Service

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.063. Members of Public Health District

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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.064. Land Acquired Under Foreclosure of Lien or by Conveyance in Satisfaction of Certain Tax Debt

Sec. 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 the foreclosure of a lien held by the political subdivision, including land that was bid off to the political subdivision under Section 34.01, Tax Code; or
(B)  under Section 31.061, Tax Code;
(2)  that arises after the date the land was acquired and before the date the land is sold, conveyed, or exchanged by the political subdivision; and
(3)  that 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 political subdivision, on the land.
(b)  In this section, "land" includes any building or improvement located on land acquired by a political subdivision.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 240 (S.B. 450), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter C. Exclusions and Exceptions › Section 101.065. Negligence of Off-Duty Law Enforcement Officers

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102 - Tort Claims Payments by Local Governments › Section 102.001. Definitions

Sec. 102.001.  DEFINITIONS.  In this chapter:
(1)  "Employee" includes an officer, volunteer, or employee, a former officer, volunteer, or employee, and the estate of an officer, volunteer, or employee or former officer, volunteer, or employee of a local government.  The term includes a member of a governing board.  The term does not include a county extension agent.
(2)  "Local government" means a county, city, town, special purpose district, including a soil and water conservation district, and any other political subdivision of the state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.07, eff. Sept. 2, 1987;  Acts 1999, 76th Leg., ch. 1115, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 996 (S.B. 1613), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102 - Tort Claims Payments by Local Governments › Section 102.002. Payment of Certain Tort Claims

Sec. 102.002.  PAYMENT OF CERTAIN TORT CLAIMS.  (a)  A local government may pay actual damages awarded against an employee of the local government if the damages:
(1)  result from an act or omission of the employee in the course and scope of his employment for the local government;  and
(2)  arise from a cause of action for negligence.
(b)  The local government may also pay the court costs and attorney's fees awarded against an employee for whom the local government may pay damages under this section.
(c)  Except as provided by Subsection (e), a local government may not pay damages awarded against an employee that:
(1)  arise from a cause of action for official misconduct;  or
(2)  arise from a cause of action involving a wilful or wrongful act or omission or an act or omission constituting gross negligence.
(d)  A local government may not pay damages awarded against an employee to the extent the damages are recoverable under an insurance contract or a self-insurance plan authorized by statute.
(e)  A local government that does not give a bond under Section 1105.101(b), Estates Code, shall pay damages awarded against an employee of the local government arising from a cause of action described by Subsection (c) if the liability results from the employee's appointment as guardian of the person or estate of a ward under the Estates Code and the action or omission for which the employee was found liable was in the course and scope of the person's employment with the local government.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 924, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.007, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102 - Tort Claims Payments by Local Governments › Section 102.003. Maximum Payments

Sec. 102.003.  MAXIMUM PAYMENTS.  Payments under this chapter by a local government may not exceed:
(1)  $100,000 to any one person or $300,000 for any single occurrence in the case of personal injury or death; or
(2)  $10,000 for a single occurrence of property damage, unless the local government is liable in the local government's capacity as guardian under the Estates Code and does not give a bond under Section 1105.101(b), Estates Code, in which event payments may not exceed the amount of the actual property damages.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 924, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.008, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102 - Tort Claims Payments by Local Governments › Section 102.004. Defense Counsel

Sec. 102.004.  DEFENSE COUNSEL.  (a)  A local government may provide legal counsel to represent a defendant for whom the local government may pay damages under this chapter.  The counsel provided by the local government may be the local government's regularly employed counsel, unless there is a potential conflict of interest between the local government and the defendant, in which case the local government may employ other legal counsel to defend the suit.
(b)  Legal counsel provided under this section may settle the portion of a suit that may result in the payment of damages by the local government under this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102 - Tort Claims Payments by Local Governments › Section 102.005. Security for Court Costs Not Required

Sec. 102.005.  SECURITY FOR COURT COSTS NOT REQUIRED.  In a case defended under this chapter, neither the defendant nor a local government is required to advance security for costs or to give bond on appeal or writ of error.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102 - Tort Claims Payments by Local Governments › Section 102.006. Other Laws Not Affected

Sec. 102.006.  OTHER LAWS NOT AFFECTED.  This chapter does not affect:
(1)  Chapter 101 of this code (the Texas Tort Claims Act);  or
(2)  a defense, immunity, or jurisdictional bar available to a local government or an employee.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102A - Municipal and County Liability for Certain Regulation › Section 102A.001. Definition

Sec. 102A.001.  DEFINITION.  In this chapter, "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, agency or instrumentality, public corporation, any legal or commercial entity, or protected or registered series of a for-profit entity.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102A - Municipal and County Liability for Certain Regulation › Section 102A.002. Liability for Certain Regulation

Sec. 102A.002.  LIABILITY FOR CERTAIN REGULATION.  Any person who has sustained an injury in fact, actual or threatened, from a municipal or county ordinance, order, or rule adopted or enforced by a municipality or county in violation of any of the following provisions or a trade association representing the person has standing to bring and may bring an action against the municipality or county:
(1)  Section 1.004, Agriculture Code;
(2)  Section 1.109, Business & Commerce Code;
(3)  Section 1.004, Finance Code;
(4)  Section 30.005, Insurance Code;
(5)  Section 1.005, Labor Code;
(6)  Section 229.901, Local Government Code;
(7)  Section 1.003, Natural Resources Code;
(8)  Section 1.004, Occupations Code; or
(9)  Section 1.004, Property Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102A - Municipal and County Liability for Certain Regulation › Section 102A.003. Remedies

Sec. 102A.003.  REMEDIES.  (a)  A claimant is entitled to recover in an action brought under this chapter:
(1)  declaratory and injunctive relief; and
(2)  costs and reasonable attorney's fees.
(b)  A municipality or county is entitled to recover in an action brought under this chapter costs and reasonable attorney's fees if the court finds the action to be frivolous.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102A - Municipal and County Liability for Certain Regulation › Section 102A.004. Immunity Waiver

Sec. 102A.004.  IMMUNITY WAIVER.  Governmental immunity of a municipality or county to suit and from liability is waived to the extent of liability created by this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102A - Municipal and County Liability for Certain Regulation › Section 102A.005. Notice

Sec. 102A.005.  NOTICE.  A municipality or county is entitled to receive notice of a claim against it under this chapter not later than three months before the date a claimant files an action under this chapter.  The notice must reasonably describe:
(1)  the injury claimed; and
(2)  the ordinance, order, or rule that is the cause of the injury.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 102A - Municipal and County Liability for Certain Regulation › Section 102A.006. Venue

Sec. 102A.006.  VENUE.  (a)  Notwithstanding any other law, including Chapter 15, a claimant may bring an action under this chapter in:
(1)  the county in which all or a substantial part of the events giving rise to the cause of action occurred; or
(2)  if the defendant is a municipality, a county in which the municipality is located.
(b)  If the action is brought in a venue authorized by this section, the action may not be transferred to a different venue without the written consent of all parties.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 7, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 103 - Compensation to Persons Wrongfully Imprisoned › Subchapter C. Fees › Section 103.102. Submission of Fee Report

Sec. 103.102.  SUBMISSION OF FEE REPORT.  (a) Together with an application for compensation under this chapter or not later than the 14th day after the date the application or cured application is filed, a person seeking payment for preparing, filing, or curing the application must file a fee report with the comptroller's judiciary section.
(b)  A fee report under this section must include:
(1)  the total dollar amount sought for fees;
(2)  the number of hours the person worked preparing, filing, or curing the application; and
(3)  the name of the applicant.
(c)  A fee report under this section is public information subject to Chapter 552, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 7, eff. June 17, 2011.