§ 81.010.Injunctive Relief Against Governmental Units

Title 4. Liability in Tort · Chapter 81. Sexual Exploitation by Mental Health Services Provider · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 81.010 allows an action against a governmental unit employer for an order discharging the provider, costs, and fees, on 60 days' notice, waiving immunity only to that extent.

Full Text of § 81.010

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

(a)In this section, "governmental unit" has the meaning assigned by Section 101.001(3)(B).

(b)Subject to Subsection (c), a patient, a former patient, or another person acting on behalf of a patient or former patient may bring an action under this section against a governmental unit that is an employer of a mental health services provider, including a special officer for mental health assignment, who commits any conduct described by Section 81.002(1), (2), or (3) in relation to the patient or former patient. In an action brought under this subsection, the patient or former patient may obtain:

(1)an order requiring the governmental unit to discharge the mental health services provider who committed the conduct;

(2)court costs; and

(3)reasonable attorney's fees, as determined by the court.

(c)A patient, former patient, or person acting on behalf of a patient or former patient may not bring an action under Subsection (b) unless, 60 days before the date that action is to be filed, the person notifies the governmental unit in writing of its intention to bring an action under this section. The notice must reasonably describe the facts giving rise to the claim. If, before the 60th day after the date the notice is provided under this section, the governmental unit discharges the mental health services provider who committed the conduct with respect to which the claim is filed, the person may not bring suit under Subsection (b).

(d)Governmental immunity to suit is waived and abolished only to the extent of the liability created by Subsection (b).

End

Plain-English Summary

A remedy against public employers, and what it produces is not damages.

A patient, former patient, or person acting on their behalf may bring an action against a governmental unit that employs a mental health services provider, including a special officer for mental health assignment, who commits conduct described in the cause of action section.

The relief available is an order requiring the governmental unit to discharge the provider, plus court costs and reasonable attorney's fees.

The remedy is the discharge itself. No damages are available under this section — the object is removing the provider from a position of access to patients.

Subsection (c) imposes a 60-day pre-suit notice reasonably describing the facts, with the section contemplating that the governmental unit may resolve the matter within that period.

Subsection (d) is the narrowest possible waiver: governmental immunity is waived and abolished only to the extent of the liability created by Subsection (b).

So this section adds an injunctive remedy against a public employer without opening it to a damages claim — the Tort Claims Act governs that, and its intentional tort exclusion would defeat such a claim in any event.

"Governmental unit" here takes the political subdivision branch of the Tort Claims Act definition.

Frequently Asked Questions

Can I sue a public agency that employed the therapist?

Yes, for an order requiring the agency to discharge the provider, plus court costs and reasonable attorney's fees. Damages are not available under this section.

Is notice required?

Yes. Sixty days before filing, written notice reasonably describing the facts giving rise to the claim.

How much immunity is waived?

Only to the extent of the liability the section creates — the discharge order, costs, and fees.

Amendment History

Added by Acts 1999, 76th Leg., ch. 1102, Sec. 2, eff. Sept. 1, 1999.

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