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§ 118.003.Damages

Title 5. Governmental Liability · Chapter 118. Liability of Public Schools and Professional Employees of Public Schools for Certain Acts or Omissions · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 118.003 awards a prevailing claimant actual damages up to a maximum of $500,000 for each claimant.

Full Text of § 118.003

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A claimant who prevails in an action under this chapter shall be awarded actual damages in a maximum amount of $500,000 for each claimant.
End

Plain-English Summary

One sentence, and it fixes both the kind of recovery and its ceiling.

The recovery is actual damages. The section names no exemplary damages, whatever the school’s conduct is found to have been.

The maximum is $500,000 for each claimant. The cap is per claimant rather than per occurrence, so an incident affecting several students is not divided among them.

That distinction is worth noticing. Many Texas liability caps limit a single occurrence, which forces claimants to share; this one does not.

Caps are the price of the waiver. A public school pays from public money, and the legislature set a figure it was prepared to expose districts to.

Fees and costs sit outside this section. Section 118.004 makes court costs and reasonable attorney’s fees available to a prevailing party on their own terms.

The remedy is not exclusive. Section 118.005 keeps other legal remedies available, so this cap governs a claim under this chapter and not every claim arising from the same events.

The section does not itemize actual damages. What that phrase covers is left to ordinary Texas damages law rather than defined in the chapter.

The cap does not limit other claims. Section 118.005 keeps other remedies available, so a claim arising from the same events under different law is measured by its own rules.

Frequently Asked Questions

How much can a claimant recover?

Actual damages up to $500,000 for each claimant.

Is the cap per incident or per claimant?

Per claimant.

Are exemplary damages available?

The section provides for actual damages.

Amendment History

  • Added by Acts 2025, 89th Leg., R.S., Ch. 949 (H.B. 4623), Sec. 1, eff. September 1, 2025.
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