§ 107.003.Method Exclusive
Title 5. Governmental Liability · Chapter 107. Permission to Sue the State · Last amended 1987 · Last verified August 29, 2026
Full Text of § 107.003
Plain-English Summary
An exclusivity provision, and its second half sets the direction in which a resolution may vary.
A resolution may grant permission to sue the state only in accordance with this chapter.
That forecloses a bespoke grant. The Legislature cannot, in a resolution, consent to suit on terms of its own devising outside the chapter.
A resolution may not alter the effect of the permission as the conditions section describes it — except that a resolution may further limit the relief to which the claimant may be entitled.
The variation runs one way only. A resolution may give less than the standard permission; it may not give more.
So none of the twelve conditions can be relaxed. A resolution cannot extend the two-year deadline, cannot waive immunity from liability, cannot permit punitive damages, and cannot consent to federal court.
The design protects the state from itself. Private bills are passed one at a time, often with little scrutiny and at the end of a session, and a resolution drafted by a claimant’s advocate could otherwise waive far more than intended.
Fixing the terms in a general statute means the Legislature decides the shape of consent once, and individual resolutions decide only who gets it.
The permission to narrow keeps the resolution useful. A claim may deserve consent as to one issue and not another, and the Legislature can limit the relief accordingly.
A claimant reading a resolution should therefore read the chapter with it, since the conditions apply whether or not the resolution repeats them.
Frequently Asked Questions
Can a resolution grant permission on its own terms?
No. Permission may be granted only in accordance with this chapter.
Can a resolution change the standard conditions?
Only by further limiting the relief available. It cannot enlarge the permission.
Why?
Private bills are passed individually with little scrutiny, and fixing the terms in a general statute prevents an unintended waiver.
Amendment History
- Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.