reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.005. Remedies

Sec. 110.005.  REMEDIES.  (a)  Any person, other than a government agency, who successfully asserts a claim or defense under this chapter is entitled to recover:
(1)  declaratory relief under Chapter 37;
(2)  injunctive relief to prevent the threatened violation or continued violation;
(3)  compensatory damages for pecuniary and nonpecuniary losses;  and
(4)  reasonable attorney's fees, court costs, and other reasonable expenses incurred in bringing the action.
(b)  Compensatory damages awarded under Subsection (a)(3) may not exceed $10,000 for each entire, distinct controversy, without regard to the number of members or other persons within a religious group who claim injury as a result of the government agency's exercise of governmental authority.  A claimant is not entitled to recover exemplary damages under this chapter.
(c)  An action under this section must be brought in district court.
(d)  A person may not bring an action for damages or declaratory or injunctive relief against an individual, other than an action brought against an individual acting in the individual's official capacity as an officer of a government agency.
(e)  This chapter does not affect the application of Section 498.0045 or 501.008, Government Code, or Chapter 14 of this code.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.006. Notice; Right to Accommodate

Sec. 110.006.  NOTICE;  RIGHT TO ACCOMMODATE.  (a)  A person may not bring an action to assert a claim under this chapter unless, 60 days before bringing the action, the person gives written notice to the government agency by certified mail, return receipt requested:
(1)  that the person's free exercise of religion is substantially burdened by an exercise of the government agency's governmental authority;
(2)  of the particular act or refusal to act that is burdened;  and
(3)  of the manner in which the exercise of governmental authority burdens the act or refusal to act.
(b)  Notwithstanding Subsection (a), a claimant may, within the 60-day period established by Subsection (a), bring an action for declaratory or injunctive relief and associated attorney's fees, court costs, and other reasonable expenses, if:
(1)  the exercise of governmental authority that threatens to substantially burden the person's free exercise of religion is imminent;  and
(2)  the person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide the notice.
(c)  A government agency that receives a notice under Subsection (a) may remedy the substantial burden on the person's free exercise of religion.
(d)  A remedy implemented by a government agency under this section:
(1)  may be designed to reasonably remove the substantial burden on the person's free exercise of religion;
(2)  need not be implemented in a manner that results in an exercise of governmental authority that is the least restrictive means of furthering the governmental interest, notwithstanding any other provision of this chapter;  and
(3)  must be narrowly tailored to remove the particular burden for which the remedy is implemented.
(e)  A person with respect to whom a substantial burden on the person's free exercise of religion has been cured by a remedy implemented under this section may not bring an action under Section 110.005.
(f)  A person who complies with an inmate grievance system as required under Section 501.008, Government Code, is not required to provide a separate written notice under Subsection (a).  In conjunction with the inmate grievance system, the government agency may remedy a substantial burden on the person's free exercise of religion in the manner described by, and subject to, Subsections (c), (d), and (e).
(g)  In dealing with a claim that a person's free exercise of religion has been substantially burdened in violation of this chapter, an inmate grievance system, including an inmate grievance system required under Section 501.008, Government Code, must provide to the person making the claim a statement of the government agency's rationale for imposing the burden, if any exists, in connection with any adverse determination made in connection with the claim.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.007. One-Year Limitations Period

Sec. 110.007.  ONE-YEAR LIMITATIONS PERIOD.  (a)  A person must bring an action to assert a claim for damages under this chapter not later than one year after the date the person knew or should have known of the substantial burden on the person's free exercise of religion.
(b)  Mailing notice under Section 110.006 tolls the limitations period established under this section until the 75th day after the date on which the notice was mailed.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.008. Sovereign Immunity Waived

Sec. 110.008.  SOVEREIGN IMMUNITY WAIVED.  (a)  Subject to Section 110.006, sovereign immunity to suit and from liability is waived and abolished to the extent of liability created by Section 110.005, and a claimant may sue a government agency for damages allowed by that section.
(b)  Notwithstanding Subsection (a), this chapter does not waive or abolish sovereign immunity to suit and from liability under the Eleventh Amendment to the United States Constitution.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.009. Effect on Rights

Sec. 110.009.  EFFECT ON RIGHTS.  (a)  This chapter does not authorize a government agency to burden a person's free exercise of religion.
(b)  The protection of religious freedom afforded by this chapter is in addition to the protections provided under federal law and the constitutions of this state and the United States.  This chapter may not be construed to affect or interpret Section 4, 5, 6, or 7, Article I, Texas Constitution.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.010. Application to Certain Cases

Sec. 110.010.  APPLICATION TO CERTAIN CASES.  Notwithstanding any other provision of this chapter, a municipality has no less authority to adopt or apply laws and regulations concerning zoning, land use planning, traffic management, urban nuisance, or historic preservation than the authority of the municipality that existed under the law as interpreted by the federal courts before April 17, 1990.  This chapter does not affect the authority of a municipality to adopt or apply laws and regulations as that authority has been interpreted by any court in cases that do not involve the free exercise of religion.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.011. Civil Rights

Sec. 110.011.  CIVIL RIGHTS.  (a)  Except as provided in Subsection (b), this chapter does not establish or eliminate a defense to a civil action or criminal prosecution under a federal or state civil rights law.
(b)  This chapter is fully applicable to claims regarding the employment, education, or volunteering of those who perform duties, such as spreading or teaching faith, performing devotional services, or internal governance, for a religious organization.  For the purposes of this subsection, an organization is a religious organization if:
(1)  the organization's primary purpose and function are religious, it is a religious school organized primarily for religious and educational purposes, or it is a religious charity organized primarily for religious and charitable purposes;  and
(2)  it does not engage in activities that would disqualify it from tax exempt status under Section 501(c)(3), Internal Revenue Code of 1986, as it existed on August 30, 1999.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.012. Grant to Religious Organization Not Affected

Sec. 110.012.  GRANT TO RELIGIOUS ORGANIZATION NOT AFFECTED.  Notwithstanding Section 110.002(b), this chapter does not affect the grant or denial of an appropriation or other grant of money or benefits to a religious organization, nor does it affect the grant or denial of a tax exemption to a religious organization.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 111 - Limitation on Settlement of Claim or Action Against the State › Section 111.001. Purpose; Applicability

Sec. 111.001.  PURPOSE; APPLICABILITY.  (a)  The purposes of this chapter include providing a means for the legislature to determine the extent to which this state waives its sovereign immunity with regard to a settlement of a claim or action against the state that requires an expenditure of state funds.
(b)  This chapter applies to any settlement described by Section 111.003(a) of a claim or action against this state seeking any relief under any theory of recovery, including a mandamus action against a state officer or official, that is brought or may be brought in or before any court, administrative agency, or other tribunal.
(c)  For purposes of this chapter, a reference to this state includes any agency, institution, or other entity of state government.
(d)  This chapter does not apply to a refund of a tax, fee, or any related penalty or interest.
Added by Acts 2007, 80th Leg., R.S., Ch. 1004 (S.B. 2031), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 111 - Limitation on Settlement of Claim or Action Against the State › Section 111.002. Definition

Sec. 111.002.  DEFINITION.  In this chapter, "settlement" includes a consent decree, an agreed judgment, or any other settlement or compromise of a claim or action.
Added by Acts 2007, 80th Leg., R.S., Ch. 1004 (S.B. 2031), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 111 - Limitation on Settlement of Claim or Action Against the State › Section 111.003. Limitation on Settlement Without Legislative Consent or Approval

Sec. 111.003.  LIMITATION ON SETTLEMENT WITHOUT LEGISLATIVE CONSENT OR APPROVAL.  (a)  The attorney general or other attorney representing this state may not enter into a settlement of a claim or action against this state without the consent or approval of the legislature in accordance with this chapter if the settlement:
(1)  requires this state to pay total monetary damages in an amount that exceeds $10,000,000 in a state fiscal biennium; or
(2)  commits this state to a course of action that in reasonable probability will entail a continuing increased expenditure of state funds over subsequent state fiscal bienniums.
(b)  A settlement described by Subsection (a) entered into without the prior consent or approval of the legislature is void unless the settlement is expressly conditioned on obtaining subsequent approval by the legislature in accordance with this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1004 (S.B. 2031), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 424 (S.B. 899), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 111 - Limitation on Settlement of Claim or Action Against the State › Section 111.004. Form of Consent or Approval

Sec. 111.004.  FORM OF CONSENT OR APPROVAL.  (a)  The legislature may consent to or approve a settlement described by Section 111.003(a) only by a resolution adopted by both houses of the legislature.
(b)  Legislative consent under this chapter may but is not required to be expressed in the form of a resolution granting permission to sue the state that limits the relief to which a claimant may be entitled or provides additional conditions to which a grant of permission to sue is subject.
Added by Acts 2007, 80th Leg., R.S., Ch. 1004 (S.B. 2031), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 111 - Limitation on Settlement of Claim or Action Against the State › Section 111.005. Appropriations

Sec. 111.005.  APPROPRIATIONS.  (a)  An appropriation of state funds to pay or comply with a settlement does not constitute consent to or approval of the settlement for purposes of this chapter.
(b)  A resolution consenting to or approving a settlement under this chapter does not and may not require the legislature to appropriate a particular amount for a particular purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 1004 (S.B. 2031), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 111 - Limitation on Settlement of Claim or Action Against the State › Section 111.006. Report by Attorney General

Sec. 111.006.  REPORT BY ATTORNEY GENERAL.  Not later than September 1 of each even-numbered year, the attorney general shall send to the lieutenant governor, the speaker of the house of representatives, and each member of the Senate Finance Committee and the House Appropriations Committee a report describing each claim or action pending as of September 1 of that year that has been or that in the opinion of the attorney general may be settled in a manner that will require prior consent or subsequent approval by the legislature under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1004 (S.B. 2031), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 112 - Limitation of Liability for Governmental Units › Section 112.001. Certain Actions of First Responders and Volunteer Emergency Services Personnel

Sec. 112.001.  CERTAIN ACTIONS OF FIRST RESPONDERS AND VOLUNTEER EMERGENCY SERVICES PERSONNEL.  (a)  In this section:
(1)  "First responder" and "volunteer emergency services personnel" have the meanings assigned by Section 46.01, Penal Code.
(2)  "Governmental unit" has the meaning assigned by Section 101.001.
(b)  A governmental unit is not liable in a civil action arising from the discharge of a handgun by an individual who is a first responder or volunteer emergency services personnel and licensed to carry the handgun under Subchapter H, Chapter 411, Government Code.
(c)  The discharge of a handgun by an individual who is a first responder or volunteer emergency services personnel and licensed to carry the handgun under Subchapter H, Chapter 411, Government Code, is outside the course and scope of the individual's duties as a first responder or volunteer emergency services personnel, as applicable.
(d)  This section may not be construed to waive the immunity from suit or liability of a governmental unit under Chapter 101 or any other law.
Added by Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1026 (H.B. 1069), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1026 (H.B. 1069), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.001. Definitions

Sec. 113.001.  DEFINITIONS.  In this chapter:
(1)  "Adjudicating a claim" means the bringing of a civil suit and prosecution to final judgment in court and includes the bringing of an authorized arbitration proceeding and prosecution to final resolution in accordance with any mandatory procedures established in the contract that is the subject of the dispute under Section 113.002.
(2)  "Local district or authority" means a special-purpose district or authority, including a levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, fresh water supply district, navigation district, special utility district, and river authority, and any conservation and reclamation district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.002. Waiver of Immunity to Suit for Claim Regarding Water Supply Contract

Sec. 113.002.  WAIVER OF IMMUNITY TO SUIT FOR CLAIM REGARDING WATER SUPPLY CONTRACT.  A local district or authority that enters into a written contract stating the essential terms under which the local district or authority is to provide water to a purchaser for use in connection with the generation of electricity waives sovereign immunity to suit for the purpose of adjudicating a claim that the local district or authority breached the contract by not providing water, or access to water, according to the contract's terms.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.003. Remedies

Sec. 113.003.  REMEDIES.  (a)  Except as provided by Subsection (b), remedies awarded in a proceeding adjudicating a claim under this chapter may include any remedy available for breach of contract that is not inconsistent with the terms of the contract, including the cost of cover and specific performance.
(b)  Remedies awarded in a proceeding adjudicating a claim under this chapter may not include consequential or exemplary damages.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.004. No Waiver of Other Defenses

Sec. 113.004.  NO WAIVER OF OTHER DEFENSES.  This chapter does not waive a defense or a limitation on damages available to a party to a contract other than sovereign immunity to suit.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.005. No Waiver of Immunity to Suit in Federal Court

Sec. 113.005.  NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT.  This chapter does not waive sovereign immunity to suit in federal court.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.006. No Waiver of Immunity to Suit for Tort Liability

Sec. 113.006.  NO WAIVER OF IMMUNITY TO SUIT FOR TORT LIABILITY.  This chapter does not waive sovereign immunity to suit for a cause of action for a negligent or intentional tort.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.007. No New or Additional Water Rights

Sec. 113.007.  NO NEW OR ADDITIONAL WATER RIGHTS.  This chapter does not grant any user of water any new or additional rights to water or any new or additional priority to water rights.  This chapter does not confer any rights inconsistent with the terms of the contract that is the subject of a dispute under Section 113.002.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.008. Authority of Regulatory Agencies; Compliance With Regulatory Order

Sec. 113.008.  AUTHORITY OF REGULATORY AGENCIES; COMPLIANCE WITH REGULATORY ORDER.  (a)  This chapter does not limit the authority of the Texas Commission on Environmental Quality or any other state regulatory agency.
(b)  Compliance with an order of the Texas Commission on Environmental Quality or any other state regulatory agency that expressly curtails water delivery to a specific electric generating facility is not considered a breach of contract for the purposes of this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 113 - Water Supply Contract Claim Against Local District or Authority › Section 113.009. No Third-Party Beneficiaries

Sec. 113.009.  NO THIRD-PARTY BENEFICIARIES.  (a)  This chapter waives sovereign immunity only for the benefit of:
(1)  a party to the contract that is the subject of a dispute under Section 113.002; or
(2)  the assignee of a party to the contract, if assignment of an interest in the contract is permitted by the terms of the contract.
(b)  Except for an assignment described by Subsection (a)(2), a party authorized by this chapter to sue for a cause of action of breach of contract may not transfer or assign that cause of action to any person.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.001. Definitions

Sec. 114.001.  DEFINITIONS.  In this chapter:
(1)  "Adjudication" of a claim means the bringing of a civil suit and prosecution to final judgment in county or state court.
(2)  "Contract subject to this chapter" means a written contract stating the essential terms of the agreement for providing goods or services to the state agency that is properly executed on behalf of the state agency. The term does not include a contract that is subject to Section 201.112, Transportation Code.
(3)  "State agency" means an agency, department, commission, bureau, board, office, council, court, or other entity that is in any branch of state government and that is created by the constitution or a statute of this state, including a university system or a system of higher education.  The term does not include a county, municipality, court of a county or municipality, special purpose district, or other political subdivision of this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.002. Applicability

Sec. 114.002.  APPLICABILITY.  This chapter applies only to a claim for breach of a written contract for engineering, architectural, or construction services or for materials related to engineering, architectural, or construction services brought by a party to the written contract, in which the amount in controversy is not less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.003. Waiver of Immunity to Suit for Certain Claims

Sec. 114.003.  WAIVER OF IMMUNITY TO SUIT FOR CERTAIN CLAIMS.  A state agency that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this chapter waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of an express provision of the contract, subject to the terms and conditions of this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.004. Limitations on Adjudication Awards

Sec. 114.004.  LIMITATIONS ON ADJUDICATION AWARDS.  (a)  The total amount of money awarded in an adjudication brought against a state agency for breach of an express provision of a contract subject to this chapter is limited to the following:
(1)  the balance due and owed by the state agency under the contract as it may have been amended, including any amount owed as compensation for the increased cost to perform the work as a direct result of owner-caused delays or acceleration if the contract expressly provides for that compensation;
(2)  the amount owed for written change orders;
(3)  reasonable and necessary attorney's fees based on an hourly rate that are equitable and just if the contract expressly provides that recovery of attorney's fees is available to all parties to the contract; and
(4)  interest at the rate specified by the contract or, if a rate is not specified, the rate for postjudgment interest under Section 304.003(c), Finance Code, but not to exceed 10 percent.
(b)  Damages awarded in an adjudication brought against a state agency arising under a contract subject to this chapter may not include:
(1)  consequential damages;
(2)  exemplary damages; or
(3)  damages for unabsorbed home office overhead.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.005. Contractual Adjudication Procedures Enforceable

Sec. 114.005.  CONTRACTUAL ADJUDICATION PROCEDURES ENFORCEABLE.  Adjudication procedures, including requirements for serving notices or engaging in alternative dispute resolution proceedings before bringing a suit or an arbitration proceeding, that are stated in the contract subject to this chapter or that are established by the state agency and expressly incorporated into the contract are enforceable, except to the extent those procedures conflict with the terms of this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.006. No Waiver of Other Defenses

Sec. 114.006.  NO WAIVER OF OTHER DEFENSES.  This chapter does not waive a defense or a limitation on damages available to a party to a contract, other than a bar against suit based on sovereign immunity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.007. No Waiver of Immunity to Suit in Federal Court

Sec. 114.007.  NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT.  This chapter does not waive sovereign immunity to suit in federal court.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.008. No Waiver of Immunity to Suit for Tort Liability

Sec. 114.008.  NO WAIVER OF IMMUNITY TO SUIT FOR TORT LIABILITY.  This chapter does not waive sovereign immunity to a claim arising from a cause of action for negligence, fraud, tortious interference with a contract, or any other tort.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.009. Employment Contracts Exempt

Sec. 114.009.  EMPLOYMENT CONTRACTS EXEMPT.  This chapter does not apply to an employment contract between a state agency and an employee of that agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.010. Venue

Sec. 114.010.  VENUE.  A suit under this chapter may be brought in a district court in:
(1)  a county in which the events or omissions giving rise to the claim occurred; or
(2)  a county in which the principal office of the state agency is located.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.011. Limitation on Remedies

Sec. 114.011.  LIMITATION ON REMEDIES.  Satisfaction and payment of any judgment under this chapter may not be paid from funds appropriated to the state agency from general revenue unless the funds are specifically appropriated for that purpose.  Property of the state or any agency, department, or office of the state is not subject to seizure, attachment, garnishment, or any other creditors' remedy to satisfy a judgment taken under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.012. Exclusive Remedy

Sec. 114.012.  EXCLUSIVE REMEDY.  A claim to which this chapter applies may not be brought under Chapter 2260, Government Code, against the state or a unit of state government as defined by Section 2260.001, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies › Section 114.013. Report

Sec. 114.013.  REPORT.  Before January 1 of each even-numbered year, each state agency shall report to the governor, the comptroller, and each house of the legislature the cost of defense to the state agency and the office of the attorney general in an adjudication brought against the agency under a contract subject to this chapter.  Included in the report shall be the amount claimed in any adjudication pending on the date of the report.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 116 - Settlement of Claim or Action Against Governmental Unit › Section 116.001. Definition

Sec. 116.001.  DEFINITION.  In this chapter, "governmental unit" has the meaning assigned by Section 101.001.
Added by Acts 2017, 85th Leg., R.S., Ch. 688 (H.B. 53), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 116 - Settlement of Claim or Action Against Governmental Unit › Section 116.002. Certain Settlement Terms Prohibited

Sec. 116.002.  CERTAIN SETTLEMENT TERMS PROHIBITED.  (a)  A governmental unit may not enter into a settlement of a claim or action against the governmental unit in which:
(1)  the amount of the settlement is equal to or greater than $30,000;
(2)  the money that would be used to pay the settlement is:
(A)  derived from taxes collected by a governmental unit;
(B)  received from the state; or
(C)  insurance proceeds received from an insurance policy for which the premium was paid with taxes collected by a governmental unit or money received from the state; and
(3)  a condition of the settlement requires a party seeking affirmative relief against the governmental unit to agree not to disclose any fact, allegation, evidence, or other matter to any other person, including a journalist or other member of the media.
(b)  A settlement agreement provision entered into in violation of Subsection (a) is void and unenforceable.
Added by Acts 2017, 85th Leg., R.S., Ch. 688 (H.B. 53), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 116 - Settlement of Claim or Action Against Governmental Unit › Section 116.003. Effect of Chapter

Sec. 116.003.  EFFECT OF CHAPTER.  This chapter does not affect information that is privileged or confidential under other law.
Added by Acts 2017, 85th Leg., R.S., Ch. 688 (H.B. 53), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 117 - Liability for and Indemnification of Certain Claims Relating to Enforcement of Certain Criminal Offenses Involving Illegal Entry Into This State › Section 117.001. Definition

Text of section effective on March 05, 2024
Sec. 117.001.  DEFINITION.  In this chapter, "damages" includes any and all damages, fines, fees, penalties, court costs, attorney's fees, or other assessments.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 3, eff. March 5, 2024.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 117 - Liability for and Indemnification of Certain Claims Relating to Enforcement of Certain Criminal Offenses Involving Illegal Entry Into This State › Section 117.002. Civil Immunity for and Indemnification of Local Government Officials, Employees, and Contractors

Text of section effective on March 05, 2024
Sec. 117.002.  CIVIL IMMUNITY FOR AND INDEMNIFICATION OF LOCAL GOVERNMENT OFFICIALS, EMPLOYEES, AND CONTRACTORS.  (a)  Except as provided by Subsection (d), a local government official, employee, or contractor is immune from liability for damages arising from a cause of action under state law resulting from an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(b)  Subject to Subsection (c) and except as provided by Subsection (d), a local government shall indemnify an official, employee, or contractor of the local government for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(c)  Indemnification payments made under Subsection (b) 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.
(d)  Subsections (a) and (b) do not apply if the court or jury determines that the local government official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.
(e)  A local government shall indemnify an official, employee, or contractor of the local government for reasonable attorney's fees incurred in defense of a criminal prosecution against the official, employee, or contractor for an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(f)  This section may not be construed to waive any statutory limits on damages under state law.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 3, eff. March 5, 2024.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 117 - Liability for and Indemnification of Certain Claims Relating to Enforcement of Certain Criminal Offenses Involving Illegal Entry Into This State › Section 117.003. Civil Immunity for and Indemnification of State Officials, Employees, and Contractors

Text of section effective on March 05, 2024
Sec. 117.003.  CIVIL IMMUNITY FOR AND INDEMNIFICATION OF STATE OFFICIALS, EMPLOYEES, AND CONTRACTORS.  (a)  Except as provided by Subsection (d), an elected or appointed state official or a state employee or contractor is immune from liability for damages arising from a cause of action under state law resulting from an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the state.
(b)  Except as provided by Subsection (d), the state shall indemnify an elected or appointed state official or a state employee or contractor for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the state.
(c)  Notwithstanding any other law, an indemnification payment made under Subsection (b) is not subject to an indemnification limit under the laws of this state.
(d)  Subsections (a) and (b) do not apply if the court or jury determines that the state official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.
(e)  The state shall indemnify a state official, employee, or contractor for reasonable attorney's fees incurred in defense of a criminal prosecution against the official, employee, or contractor for an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the state.
(f)  A state official, employee, or contractor who may be entitled to indemnification under Subsection (b) is entitled to representation by the attorney general, subject to Chapter 104, in an action in connection with which the official, employee, or contractor may be entitled to that indemnification.
(g)  This section may not be construed to waive any statutory limits on damages under state law.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 3, eff. March 5, 2024.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 117 - Liability for and Indemnification of Certain Claims Relating to Enforcement of Certain Criminal Offenses Involving Illegal Entry Into This State › Section 117.004. Appeal to Supreme Court

Text of section effective on March 05, 2024
Sec. 117.004.  APPEAL TO SUPREME COURT.  For a civil action brought against a person who may be entitled to immunity or indemnification under Section 117.002 or 117.003, an appeal must be taken directly to the supreme court.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 3, eff. March 5, 2024.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 117 - Liability for and Indemnification of Certain Claims Relating to Enforcement of Certain Criminal Offenses Involving Illegal Entry Into This State › Section 117.005. Other Laws Not Affected

Text of section effective on March 05, 2024
Sec. 117.005.  OTHER LAWS NOT AFFECTED.  This chapter does not affect a defense, immunity, or jurisdictional bar available to the state or a local government or an official, employee, or contractor of the state or a local government.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 3, eff. March 5, 2024.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.001. Officers Who May Take Acknowledgments or Proofs

Sec. 121.001.  OFFICERS WHO MAY TAKE ACKNOWLEDGMENTS OR PROOFS.  (a)  An acknowledgment or proof of a written instrument may be taken in this state by:
(1)  a clerk of a district court;
(2)  a judge or clerk of a county court;
(3)  a notary public;
(4)  a county tax assessor-collector or an employee of the county tax assessor-collector if the instrument is required or authorized to be filed in the office of the county tax assessor-collector;  or
(5)  an employee of a personal bond office if the acknowledgment or proof of a written instrument is required or authorized by Article 17.04, Code of Criminal Procedure.
(b)  An acknowledgment or proof of a written instrument may be taken outside this state, but inside the United States or its territories, by:
(1)  a clerk of a court of record having a seal;
(2)  a commissioner of deeds appointed under the laws of this state;  or
(3)  a notary public.
(c)  An acknowledgment or proof of a written instrument may be taken outside the United States or its territories by:
(1)  a minister, commissioner, or charge d'affaires of the United States who is a resident of and is accredited in the country where the acknowledgment or proof is taken;
(2)  a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who is a resident of the country where the acknowledgment or proof is taken;  or
(3)  a notary public or any other official authorized to administer oaths in the jurisdiction where the acknowledgment or proof is taken.
(d)  A commissioned officer of the United States Armed Forces or of a United States Armed Forces Auxiliary may take an acknowledgment or proof of a written instrument of a member of the armed forces, a member of an armed forces auxiliary, or a member's spouse.  If an acknowledgment or a proof is taken under this subsection, it is presumed, absent pleading and proof to the contrary, that the commissioned officer who signed was a commissioned officer on the date that the officer signed, and that the acknowledging person was a member of the authorized group of military personnel or spouses.  The failure of the commissioned officer to attach an official seal to the certificate of acknowledgment or proof of an instrument does not invalidate the acknowledgment or proof.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 165, Sec. 18, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 986, Sec. 2, eff. June 15, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.002. Corporate Acknowledgments

Sec. 121.002.  CORPORATE ACKNOWLEDGMENTS.  (a)  An employee of a corporation is not disqualified because of his employment from taking an acknowledgment or proof of a written instrument in which the corporation has an interest.
(b)  An officer who is a shareholder in a corporation is not disqualified from taking an acknowledgment or proof of an instrument in which the corporation has an interest unless:
(1)  the corporation has 1,000 or fewer shareholders;  and
(2)  the officer owns more than one-tenth of one percent of the issued and outstanding stock.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.003. Authority of Officers

Sec. 121.003.  AUTHORITY OF OFFICERS.  In a proceeding to prove a written instrument, an officer authorized by this chapter to take an acknowledgment or a proof of a written instrument is also authorized to:
(1)  administer oaths;
(2)  employ and swear interpreters;  and
(3)  issue subpoenas.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 121 - Acknowledgments and Proofs of Written Instruments › Section 121.004. Method of Acknowledgment

Sec. 121.004.  METHOD OF ACKNOWLEDGMENT.  (a)  To acknowledge a written instrument for recording, the grantor or person who executed the instrument must appear before an officer and must state that he executed the instrument for the purposes and consideration expressed in it.
(b)  The officer shall:
(1)  make a certificate of the acknowledgment;
(2)  sign the certificate;  and
(3)  seal the certificate with the seal of office.
(c)  The failure of a notary public to attach an official seal to a certificate of an acknowledgement or proof of a written instrument made outside this state but inside the United States or its territories renders the acknowledgement or proof invalid only if the jurisdiction in which the certificate is made requires the notary public to attach the seal.
(d)  The application of an embossed seal is not required on an electronically transmitted certificate of an acknowledgement.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 603, Sec. 1, eff. June 14, 1995;  Acts 2001, 77th Leg., ch. 95, Sec. 1, eff. May 11, 2001.