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§ 107.004.Additional Conditions

Title 5. Governmental Liability · Chapter 107. Permission to Sue the State · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 107.004 allows a resolution to specify additional conditions to which a grant of permission is subject.

Full Text of § 107.004

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A resolution may specifically provide additional conditions to which a grant of permission to sue is subject.
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Plain-English Summary

One sentence, and it must be read against the exclusivity provision that precedes it.

A resolution may specifically provide additional conditions to which a grant of permission to sue is subject.

"Additional" is the operative word, and it points in one direction. Conditions may be added; the standard ones may not be removed.

Read with the preceding section, the two are consistent. That section says a resolution may not alter the standard effect except to further limit relief; this says conditions may be added.

Both permit narrowing and neither permits enlarging.

The additional conditions are where a resolution does its individual work. The Legislature considering a particular claim may want to confine it — to a stated forum, to a defined period of conduct, to a maximum recovery, or to a particular defendant.

That is what a private bill is for. The chapter supplies the standard terms; the resolution supplies what is specific to the claim.

"Specifically provide" requires the conditions to be stated rather than implied from the resolution’s subject or its legislative history.

For a claimant, the practical instruction is to read the resolution and the chapter together — the chapter’s twelve conditions apply automatically, and the resolution may add more.

Neither document alone tells the whole story of what has been permitted.

Frequently Asked Questions

Can a resolution add conditions?

Yes. It may specifically provide additional conditions to which the permission is subject.

Can it remove the standard conditions?

No. Conditions may be added, and relief may be further limited, but the standard effect cannot be enlarged.

Where do I find all the conditions?

In the chapter and the resolution together — the chapter’s conditions apply automatically.

Amendment History

  • Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.
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