Suing a city, county or state agency in Texas — the Tort Claims Act

Governmental immunity is the rule in Texas and the Tort Claims Act is a narrow exception to it. The Act does not make the government liable the way a private defendant is. It waives immunity for two categories of conduct, caps what can be recovered, and puts a six-month notice deadline in front of the claim that a city ordinance can make much shorter.

The notice is the trap. It is treated as jurisdictional, which means missing it does not merely give the government a defense — it takes the case away from the court.

What the claim is

A government vehicle hit you, or a condition of public property injured you, and you want to recover despite immunity.

Where the right comes from

Statute — CPRC chapter 101. Outside its terms, immunity stands.

What the Act waives — and what it does not

Section 101.021 waives immunity for:

1. Property damage, personal injury and death proximately caused by an employee's wrongful act or negligence, where the harm arises from the operation or use of a motor-driven vehicle or motor-driven equipment, and the employee would be personally liable under Texas law; and
2. Personal injury and death caused by a condition or use of tangible personal or real property, where the governmental unit would be liable if it were a private person.

That is the whole waiver. Everything else stays immune.

Premises defects. Section 101.022 provides that where the claim arises from a premises defect, the unit owes only the duty a private person owes a licensee — unless the claimant paid for the use of the premises. A special defect, such as an excavation or obstruction on a roadway, raises the duty to the invitee standard.

Intentional torts are excluded by § 101.057. Discretionary decisions are excluded by § 101.056 — a decision about whether to install a traffic signal is immune; negligence in maintaining one already installed may not be.

No exemplary damages. Section 101.024 says so in one sentence.

The notice deadline

Section 101.101(a): a governmental unit is entitled to notice of a claim not later than six months after the day the incident occurred. The notice must reasonably describe the damage or injury claimed, the time and place of the incident, and the incident itself.

A city can shorten it. Section 101.101(b) ratifies charter and ordinance provisions requiring notice within a shorter period. Many Texas cities require 90 days, and some require 45. Check the charter of the specific city before assuming six months.

Actual notice can substitute. Section 101.101(c) provides that the requirements do not apply where the unit has actual notice that death occurred, that the claimant was injured, or that property was damaged. The Texas Supreme Court reads that narrowly: actual notice requires the unit's subjective awareness of its alleged fault in producing the injury, not merely awareness that an incident happened. A police report describing a collision is usually not enough.

How long you have to file

Two years, under CPRC § 16.003(a), on top of the notice deadline. Both must be met.

The caps

Section 101.023 limits money damages:

Note the split: a city is capped at the higher state figures, while a county or a special district sits at the lower local-government figures.

The election of remedies — § 101.106

This section decides who you sue, once, and forever.

• Filing against the governmental unit irrevocably bars any suit or recovery against any individual employee on the same subject matter.
• Filing against an employee irrevocably bars a suit against the unit, unless the unit consents.
• Settling with the unit bars any claim against its employees on the same subject matter.
• If both are sued, the employees are dismissed immediately on the unit's motion.

There is no way to hedge. The choice is made by filing.

What has to happen before you file

Give the notice. Then confirm the city's charter or ordinance did not shorten the deadline, and confirm the notice contains the three items § 101.101(a) requires.

What the claim pays

Compensatory damages within the caps. No exemplary damages. No attorney's fees under the Act.

Common defenses

• Missed or defective notice, which is jurisdictional.
• No waiver category. The injury did not arise from a vehicle or from a condition or use of tangible property.
• Discretionary function immunity under § 101.056.
• Intentional tort exclusion under § 101.057.
• Licensee-level duty for a premises defect, requiring actual knowledge of the condition.
• Election of remedies under § 101.106.
• The caps, which the Texas Supreme Court has treated as jurisdictional rather than as an affirmative defense.

What people get wrong

Six months is the outside limit, not the deadline. Check the city charter. Many require notice in 90 days or fewer, and that shorter period is enforceable.

"Condition or use of tangible property" is narrower than it sounds. Texas courts have limited it substantially, and information, records and decisions are not tangible property.

You cannot sue the driver instead. Filing against the employee forfeits the claim against the government, and filing against the government forfeits the claim against the employee.

The caps apply no matter the loss. A catastrophic injury caused by a county vehicle is capped at $100,000 per person.

Where it came from

Sovereign immunity came to Texas with the common law and was total: the state could not be sued without its consent, and its subdivisions inherited the protection.

The Legislature enacted the Tort Claims Act in 1969 to open a narrow door — motor vehicles and property conditions — while keeping control of the exposure through caps, a short notice period, and an election of remedies. Every expansion since has been narrow, and the courts have read the waiver strictly on the principle that immunity is waived only by clear and unambiguous language.

Common questions

How long do I have to sue a city in Texas?

Two years, but you must give written notice of the claim within six months — or sooner if the city's charter or an ordinance requires it, which many do.

What if the city already knows about the accident?

Actual notice substitutes only where the unit was subjectively aware of its alleged fault. Knowing that an incident occurred is not enough.

How much can I recover?

$250,000 per person against the state or a municipality, $100,000 per person against a county or district, with per-occurrence limits on top.

Can I sue the employee who caused it?

You have to choose. Suing the employee bars the claim against the government, and suing the government bars the claim against the employee.

Can I get punitive damages?

No. The Act does not authorise exemplary damages.

Does the Act cover an assault by an officer?

Intentional torts are excluded from the waiver, which is why those claims are usually brought under federal civil rights law instead.

Where these rules live

• CPRC § 101.021 — Governmental liability
• CPRC § 101.023 — Limitation on amount of liability
• CPRC § 101.024 — Exemplary damages
• CPRC § 101.101 — Notice
• CPRC § 101.106 — Election of remedies
• CPRC § 16.003 — Two-year limitations period