§ 116.003.Effect of Chapter
Title 5. Governmental Liability · Chapter 116. Settlement of Claim or Action Against Governmental Unit · Last amended 2017 · Last verified August 29, 2026
Full Text of § 116.003
Plain-English Summary
The chapter opens settlements, not files.
Information privileged or confidential under other law stays that way. Nothing in the chapter makes it disclosable.
The saving clause is what makes the chapter workable. Public claims routinely involve medical records, student records, personnel files and law enforcement material, each protected by its own statute.
The distinction is between a contract term and a legal protection. Section 116.002 forbids buying silence; this section leaves in place the confidentiality the law imposes on its own.
A claimant is therefore free to speak about the matter, while records that were confidential before the settlement remain confidential after it.
Public information law continues to govern the government’s side. What a governmental unit must release is decided by the Public Information Act and its exceptions.
Without this section the ban would be read too far — as an argument that a settlement over $30,000 opens every file connected to the claim.
The records at issue are often sensitive. Medical records, student records, personnel files and law enforcement material each carry their own confidentiality rules, and none of them is disturbed.
What the claimant keeps is the ability to speak. The settlement cannot buy silence, and the documents the law protects stay protected on their own terms.
Frequently Asked Questions
Does this chapter make confidential records public?
No. Information privileged or confidential under other law is unaffected.
What is the difference from Section 116.002?
That section forbids a settlement term requiring the claimant to stay silent. This one leaves legal confidentiality protections in place.
Who decides what the government must release?
The public information statutes, not this chapter.
Amendment History
- Added by Acts 2017, 85th Leg., R.S., Ch. 688 (H.B. 53), Sec. 1, eff. September 1, 2017.