§ 104.003.Limits on Amount of Recoverable Damages
Title 5. Governmental Liability · Chapter 104. State Liability for Conduct of Public Servants · Last amended 2003 · Last verified August 29, 2026
Full Text of § 104.003
Plain-English Summary
The caps, and the definition of "single occurrence" is what decides how far they stretch.
$100,000 to a single person indemnified and, where more than one is indemnified, $300,000 for a single occurrence in the case of personal injury, death, or deprivation of a right, privilege, or immunity.
$10,000 for each single occurrence of damage to property.
Read the first figure carefully. The $100,000 is per person indemnified, not per claimant — so the cap follows the official being protected rather than the person suing.
The state is not liable to the extent damages are recoverable under and in excess of the deductible limits of insurance or authorized self-insurance.
Insurance comes first where it exists, and the state answers for the deductible and for what insurance does not reach.
The caps do not apply where liability rests on the waste manifest provision. A person liable solely for signing a required manifest is indemnified without limit.
That exception is a deliberate policy choice. Environmental liability can run to sums no cap would meaningfully cover, and a state employee signing a manifest because a contract requires it should not carry that risk.
Subsection (d) supplies the definition that matters most: a claim arises out of a single occurrence if it arises from a common nucleus of operative facts, regardless of the number of claimants or the number of separate acts or omissions.
That is drawn broadly against the claimants. A course of conduct affecting many people over months can be one occurrence, capped at $300,000 in total.
The caps are also subject to "a specific appropriation", so the Legislature can fund a particular indemnification beyond them.
Frequently Asked Questions
How much will the state indemnify?
Up to $100,000 per person indemnified and $300,000 per single occurrence for injury, death or rights deprivation, and $10,000 for property damage.
What counts as a single occurrence?
Claims arising from a common nucleus of operative facts, regardless of the number of claimants or separate acts.
Are there exceptions to the caps?
Yes — a specific appropriation, and liability based solely on signing a required waste manifest.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 59, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.10, eff. Sept. 2, 1987;
- Acts 1989, 71st Leg., ch. 785, Sec. 3.09, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 702, Sec. 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 139, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 468, Sec. 2, eff. May 30, 1997; Acts 2003, 78th Leg., ch. 531, Sec. 1, eff. June 20, 2003.