§ 101.023.Limitation on Amount of Liability
Title 5. Governmental Liability · Chapter 101. Tort Claims · Subchapter B. Tort Liability of Governmental Units · Last amended 1997 · Last verified August 29, 2026
Full Text of § 101.023
Plain-English Summary
The damages caps, and there are four tiers.
State government: $250,000 for each person and $500,000 for each single occurrence for bodily injury or death, and $100,000 for each single occurrence for injury to or destruction of property.
A unit of local government: $100,000 per person and $300,000 per occurrence for bodily injury or death, and $100,000 per occurrence for property.
A municipality: $250,000 per person and $500,000 per occurrence for bodily injury or death, and $100,000 per occurrence for property — the state's figures rather than the local government ones.
An emergency service organization: $100,000 per person and $300,000 per occurrence, and $100,000 for property, except as provided by Section 78.001.
The per-occurrence limit is the one that bites in a serious case. A collision injuring four people against a county caps at $300,000 for all of them together, however severe the injuries — and the per-person figure then operates as a ceiling within that.
Municipalities being placed with the state rather than with other local governments is worth noting; a claim against a city is worth up to two and a half times one against a county on the same facts.
These caps take priority over the medical liability chapter, which expressly yields to this section — so a claim against a public hospital is limited by these figures rather than by that chapter's.
The figures are not indexed to inflation and have not moved in decades.
Frequently Asked Questions
What is the cap on a Texas Tort Claims Act claim?
Against the state or a municipality, $250,000 per person and $500,000 per occurrence for bodily injury or death. Against another unit of local government or an emergency service organization, $100,000 per person and $300,000 per occurrence. Property damage is capped at $100,000 per occurrence in every case.
Do cities have the same cap as counties?
No. Municipalities are capped at the state's higher figures — $250,000 and $500,000 — while counties and other local government units are at $100,000 and $300,000.
What if several people are injured?
The per-occurrence limit applies to all of them together, with the per-person figure as a ceiling within it.
Which cap applies to a public hospital?
This one. The medical liability chapter expressly yields to Section 101.023.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.03, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 827, Sec. 2, eff. Aug. 28, 1995;
- Acts 1997, 75th Leg., ch. 968, Sec. 2, eff. Sept. 1, 1997.