§ 101.062.9-1-1 Emergency Service
Title 5. Governmental Liability · Chapter 101. Tort Claims · Subchapter C. Exclusions and Exceptions · Last amended 1991 · Last verified August 29, 2026
Full Text of § 101.062
Plain-English Summary
A limitation stated as an application, and the difference is the point.
The chapter applies to a claim against a public agency arising from an action of its employee or a volunteer under its direction involving providing 9-1-1 service or responding to a 9-1-1 emergency call only if the action violates a statute or ordinance applicable to the action.
Negligence is not the standard. A claimant must identify a statute or ordinance the action violated. A dispatcher who was careless, who misheard an address, or who prioritised calls badly is not liable under this chapter unless a specific enactment was breached.
The reason is the volume and conditions of the work. Emergency dispatch means rapid decisions on incomplete information from callers in distress, many times a shift. Judging each by hindsight negligence would make the service uninsurable.
"9-1-1 service" and "public agency" take their meanings from Chapter 771 of the Health and Safety Code, which governs emergency communication districts — so the terms are defined by the regulatory scheme rather than here.
Volunteers under the agency's direction are covered, which matters because the Act's definition of "employee" requires paid service. Without this, a volunteer's conduct would fall outside the chapter entirely.
The section sits alongside the emergency response exclusion, which protects the units that respond. This one protects the agency that takes the call.
Frequently Asked Questions
Can I sue over a 9-1-1 failure in Texas?
Only if the action violates a statute or ordinance applicable to it. Ordinary negligence in providing 9-1-1 service or responding to a call is not enough.
Does it cover volunteers?
Yes. The section reaches an action of an employee of the public agency or a volunteer under the agency's direction.
Where are the terms defined?
"9-1-1 service" and "public agency" take their meanings from Section 771.001 of the Health and Safety Code.
Amendment History
- Added by Acts 1987, 70th Leg., ch. 236, Sec. 2, eff. Aug. 31, 1987.
- Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(3), eff. Sept. 1, 1991.