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§ 102.003.Maximum Payments

Title 5. Governmental Liability · Chapter 102. Tort Claims Payments by Local Governments · Last amended 2017 · Last verified August 29, 2026

In one sentenceSection 102.003 caps payments at $100,000 per person and $300,000 per occurrence for injury or death, and $10,000 for property damage, with a guardianship exception.

Full Text of § 102.003

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Payments under this chapter by a local government may not exceed:
(1)$100,000 to any one person or $300,000 for any single occurrence in the case of personal injury or death; or
(2)$10,000 for a single occurrence of property damage, unless the local government is liable in the local government's capacity as guardian under the Estates Code and does not give a bond under Section 1105.101(b), Estates Code, in which event payments may not exceed the amount of the actual property damages.
End

Plain-English Summary

The caps, and they are the same figures the state indemnification chapter uses.

$100,000 to any one person or $300,000 for any single occurrence in the case of personal injury or death.

$10,000 for a single occurrence of property damage.

The property damage figure is strikingly low, and it has not been revised — a single vehicle can exceed it.

The caps do not limit the employee’s liability. A judgment above them stands in full; what is capped is how much of it public money will answer for.

That gap is the practical significance of the section. An employee facing a $400,000 negligence judgment may see $300,000 paid and remain personally liable for the rest.

The figures match the Texas Tort Claims Act limits for local governments, which is deliberate — indemnification of an employee should not exceed what the government itself could have been made to pay.

One exception lifts the property cap. Where the local government is liable in its capacity as guardian under the Estates Code and does not give a bond, payments may not exceed the amount of the actual property damages.

So the cap becomes the loss itself, without a fixed ceiling — the same trade the indemnification section makes in the guardianship situation.

The reasoning is consistent across both provisions. A local government that declined to post the bond protecting a ward’s estate assumes what the bond would have covered, and a $10,000 ceiling would leave the ward short.

Frequently Asked Questions

How much can a local government pay?

Up to $100,000 per person and $300,000 per occurrence for personal injury or death, and $10,000 for property damage.

Does the cap limit the employee’s liability?

No. The judgment stands in full; the cap limits what public money will pay toward it.

Is there an exception?

Yes. Where the local government is liable as guardian and gave no bond, payments may equal the actual property damages.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 924, Sec. 4, eff. Sept. 1, 1997.
  • Amended by:
  • Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.008, eff. September 1, 2017.
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