§ 111.001.Purpose; Applicability

Title 5. Governmental Liability · Chapter 111. Limitation on Settlement of Claim or Action Against the State · Last amended 2007 · Last verified August 29, 2026

In one sentenceSection 111.001 states the chapter’s purpose — letting the legislature decide how far the state waives immunity when a settlement will cost state money — and applies it to any claim against the state except a tax refund.

Full Text of § 111.001

Text sizeJump to: (a) (b) (c) (d)

(a)The purposes of this chapter include providing a means for the legislature to determine the extent to which this state waives its sovereign immunity with regard to a settlement of a claim or action against the state that requires an expenditure of state funds.

(b)This chapter applies to any settlement described by Section 111.003(a) of a claim or action against this state seeking any relief under any theory of recovery, including a mandamus action against a state officer or official, that is brought or may be brought in or before any court, administrative agency, or other tribunal.

(c)For purposes of this chapter, a reference to this state includes any agency, institution, or other entity of state government.

(d)This chapter does not apply to a refund of a tax, fee, or any related penalty or interest.

End

Plain-English Summary

A settlement spends money. This chapter starts from the idea that only the legislature can decide to spend it.

The stated purpose is to give the legislature a way to set the extent of the waiver of sovereign immunity where a settlement of a claim against the state requires an expenditure of state funds.

The reach is written as broadly as the drafters could manage. The chapter applies to a settlement of a claim or action against the state seeking any relief under any theory of recovery.

Mandamus is named on purpose. A mandamus action against a state officer or official is not a damages suit, and naming it stops an argument that a settlement of one falls outside the chapter.

The forum does not matter. A claim brought or that may be brought in any court, administrative agency or other tribunal is covered.

"This state" is read to include any agency, institution or other entity of state government, so a settlement signed by one agency is a settlement by the state.

One exclusion: a refund of a tax or fee, or any related penalty or interest. Refund disputes are resolved by the tax statutes and would otherwise flood this chapter.

The chapter governs settlements, not judgments. A court that renders judgment against the state has not settled anything, and nothing here gives the legislature a say in that.

Frequently Asked Questions

What is this chapter for?

It gives the legislature a way to control how far the state’s immunity is waived when a settlement will require an expenditure of state funds.

Does it cover more than damages claims?

Yes. It reaches a settlement of a claim seeking any relief under any theory, including a mandamus action against a state officer, in any court or tribunal.

What is excluded?

A refund of a tax or fee, and any related penalty or interest.

Amendment History

Added by Acts 2007, 80th Leg., R.S., Ch. 1004 (S.B. 2031), Sec. 1, eff. June 15, 2007.

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