§ 102A.001.Definition
Title 5. Governmental Liability · Chapter 102A. Municipal and County Liability for Certain Regulation · Last amended 2023 · Last verified August 29, 2026
Full Text of § 102A.001
Plain-English Summary
One definition, and its length reflects who this chapter is written for.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, agency or instrumentality, public corporation, any legal or commercial entity, or protected or registered series of a for-profit entity.
The catch-all — "any legal or commercial entity" — makes the rest of the list redundant in effect, and the list is there to leave nothing arguable.
The final item is the modern one. A protected or registered series is a compartment within a series limited liability company, holding its own assets and liabilities separately from the other series.
Naming it matters because a series is not plainly an entity in its own right. Whether one can sue in its own name is a question the definition answers for this chapter.
Including a public corporation and an agency or instrumentality is notable, since it means a governmental body can be a claimant under a chapter aimed at governmental regulation.
The breadth follows from what the chapter does. It gives a right of action to anyone injured by a city or county ordinance in a preempted field, and the businesses affected by such ordinances take every form there is.
The liability section widens the class further, giving standing to a trade association representing an injured person as well as to the person.
Read together, the two provisions make the chapter available to almost anyone with a commercial stake in a local regulation.
Frequently Asked Questions
Who can bring a claim under this chapter?
Any person — defined to include every business form, public corporations, agencies and instrumentalities, and a protected or registered series of a for-profit entity.
What is a protected or registered series?
A compartment within a series limited liability company holding its own assets and liabilities separately from the other series.
Can a trade association sue?
Yes. The liability section gives standing to a trade association representing an injured person.
Amendment History
- Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 7, eff. September 1, 2023.