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§ 118.005.Remedies Not Exclusive

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 118.005 provides that the remedies in this chapter are in addition to any other legal remedies.

Full Text of § 118.005

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The remedies authorized by this chapter are in addition to any other legal remedies.
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Plain-English Summary

A saving clause, and the shortest section in the chapter.

The remedies authorized here are additional, not a substitute for anything else the law provides.

Federal claims are untouched. A student’s civil rights claims against a school district arise under federal law and follow their own rules.

Claims against the individual are untouched too. This chapter creates a claim against the school for its own conduct, and the employee answers for the underlying acts on ordinary principles.

The clause also keeps the damages cap in its place. Section 118.003 limits recovery in an action under this chapter, and does not reach a claim brought under other law.

Without this section the chapter could be read as an exclusive remedy — the reading Chapter 114 adopts on purpose for state contract claims, and the opposite of what this chapter intends.

The result is that the chapter adds a route against the school itself, with a stated standard, a stated cap, and fee shifting.

Education Code claims are unaffected. The remedies a student or parent has under the school laws remain available on their own terms.

The chapter is an addition to a crowded field. What it adds is a defined claim against the school itself, with a standard, a cap and fee shifting written into the statute.

Frequently Asked Questions

Does this chapter replace other claims?

No. Its remedies are in addition to any other legal remedies.

Are federal claims affected?

No. They arise under other law and are unaffected.

Does the damages cap apply to other claims?

The cap governs an action under this chapter.

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