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§ 101.063.Members of Public Health District

Title 5. Governmental Liability · Chapter 101. Tort Claims · Subchapter C. Exclusions and Exceptions · Last amended 1991 · Last verified August 29, 2026

In one sentenceSection 101.063 relieves a member of a public health district of liability for the district's personnel or property.

Full Text of § 101.063

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A governmental unit that is a member of a public health district is not liable under this chapter for any conduct of the district's personnel or for any condition or use of the district's property.
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Plain-English Summary

A short provision addressing shared governance.

A governmental unit that is a member of a public health district is not liable under this chapter for any conduct of the district's personnel or for any condition or use of the district's property.

Public health districts in Texas are formed by two or more governmental units — typically a county and one or more cities — pooling resources to provide health services across their combined area.

Without this section each member could be liable for the whole district's conduct. A city joining a district would take on exposure for personnel it does not employ and property it does not control, in territory outside its own.

That would discourage participation, and shared public health provision is more effective than each jurisdiction operating alone.

The section covers both branches of the waiver — conduct of personnel, and condition or use of property — so a member is protected against the full range of claims arising from district operations.

The district itself is unaffected. A public health district is a governmental unit under the Act's definitions, which expressly name public health districts among political subdivisions. Liability rests with the district rather than with its members.

The provision parallels the joint enterprise exclusion, which similarly prevents liability spreading among participants in shared undertakings.

Frequently Asked Questions

Is a city liable for a public health district it belongs to?

No. A governmental unit that is a member of a public health district is not liable under this chapter for the district's personnel or for a condition or use of its property.

Can the district itself be sued?

Yes. A public health district is a governmental unit under the Act's definitions, and liability rests with it rather than its members.

Why does the exclusion exist?

So that joining a district does not expose a member to liability for personnel it does not employ and property it does not control.

Amendment History

  • Added by Acts 1991, 72nd Leg., ch. 476, Sec. 2, eff. Aug. 26, 1991.
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