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§ 101.002.Short Title

Title 5. Governmental Liability · Chapter 101. Tort Claims · Subchapter A. General Provisions · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 101.002 gives the chapter its name, the Texas Tort Claims Act — the statute that waives governmental immunity in Texas, in defined circumstances and no others.

Full Text of § 101.002

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This chapter may be cited as the Texas Tort Claims Act.
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Plain-English Summary

A short title provision, and the name is how the whole body of law is known.

This chapter may be cited as the Texas Tort Claims Act.

The Act is the principal waiver of governmental immunity in Texas, and understanding what that means is understanding what the chapter is for. Immunity from suit is the default: a governmental unit cannot be sued at all unless the Legislature has consented. This chapter is that consent, given in defined circumstances and no others.

The waiver is narrow. It reaches injury from the operation or use of a motor-driven vehicle, from a condition or use of tangible personal or real property, and premises defects — with a damages cap, a short notice requirement, and a long list of exceptions.

Enacted in 1969, it replaced a regime under which recovery against the state or a local government generally required a private bill in the Legislature.

It is not the Federal Tort Claims Act. That is a separate federal statute governing claims against the United States, with its own administrative claim requirement, its own exceptions, and its own limitations period. A claim against a federal agency is not brought under this chapter.

The short title matters practically because so much turns on it. Other statutes, contracts, and insurance policies refer to the Texas Tort Claims Act by name, and the election-of-remedies provision within the chapter is routinely cited by its section number as a shorthand for the whole scheme.

Frequently Asked Questions

What is the Texas Tort Claims Act?

Chapter 101 of the Civil Practice and Remedies Code, the principal statute waiving governmental immunity in Texas and permitting suit in defined circumstances.

Is it the same as the Federal Tort Claims Act?

No. That is a separate federal statute governing claims against the United States, with its own procedures and exceptions.

How broad is the waiver?

Narrow. It reaches motor-driven vehicles, conditions or uses of tangible property, and premises defects, subject to a damages cap, a notice requirement, and many exceptions.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source