§ 101.051.School and Junior College Districts Partially Excluded
Title 5. Governmental Liability · Chapter 101. Tort Claims · Subchapter C. Exclusions and Exceptions · Last amended 1985 · Last verified August 29, 2026
Full Text of § 101.051
Plain-English Summary
One sentence with a large effect: except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.
School districts are governmental units under the Act's definitions, and this section then withdraws them from all of it but one branch.
What survives is the motor vehicle claim — the school bus collision, and injuries from district vehicles and motor-driven equipment.
What is removed is the entire tangible property branch. A claim that a student was injured by a dangerous condition of school premises, by defective equipment, or by a hazard in a gymnasium is not merely difficult against a Texas school district; it is outside the Act.
Immunity is waived only to the extent of liability created by this chapter, so where the chapter does not apply, immunity was never lifted. There is no claim to defend.
The exclusion reaches junior college districts as well, though not senior colleges and universities — a separate section addresses payment of claims against state-supported senior institutions, which confirms the Act does apply to them.
The intentional tort exclusion elsewhere in this subchapter separately names torts involving disciplinary action by school authorities, which would be redundant were school districts wholly outside the chapter — the two provisions overlap because the motor vehicle branch remains live.
Frequently Asked Questions
Can I sue a Texas school district for my child's injury?
Only as to motor vehicles. The chapter does not otherwise apply to a school district or junior college district, so immunity was never waived for other claims.
What about an injury from unsafe school premises?
That falls under the tangible property branch, which the exclusion removes for school districts.
Does the exclusion cover universities?
No. It names school districts and junior college districts. Section 101.109 addresses payment of claims against state-supported senior colleges and universities.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.