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§ 9.002.Applicability

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 9. Frivolous Pleadings and Claims · Subchapter A. General Provisions · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 9.002 limits the chapter to damages actions for injury, property damage, death or other tortious conduct, applies it to governmental parties, and gives it priority over conflicting law.

Full Text of § 9.002

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

(a)This chapter applies to an action in which a claimant seeks:
(1)damages for personal injury, property damage, or death, regardless of the legal theories or statutes on the basis of which recovery is sought, including an action based on intentional conduct, negligence, strict tort liability, products liability (whether strict or otherwise), or breach of warranty; or
(2)damages other than for personal injury, property damage, or death resulting from any tortious conduct, regardless of the legal theories or statutes on the basis of which recovery is sought, including libel, slander, or tortious interference with a contract or other business relation.
(b)This chapter applies to any party who is a claimant or defendant, including but not limited to:
(1)a county;
(2)a municipality;
(3)a public school district;
(4)a public junior college district;
(5)a charitable organization;
(6)a nonprofit organization;
(7)a hospital district;
(8)a hospital authority;
(9)any other political subdivision of the state; and
(10)the State of Texas.
(c)In an action to which this chapter applies, the provisions of this chapter prevail over all other law to the extent of any conflict.
End

Plain-English Summary

The scope provision, and it is narrower than the chapter’s title suggests.

Subsection (a) covers two categories. Claims for damages for personal injury, property damage, or death, regardless of the legal theories or statutes relied on — including intentional conduct, negligence, strict tort liability, products liability, or breach of warranty. And claims for damages other than for personal injury, property damage, or death resulting from any tortious conduct, including libel, slander, or tortious interference.

Read together, that is tort litigation and nothing else. A contract suit seeking only contract damages falls outside the chapter, however groundless the pleading.

"Regardless of the legal theories or statutes" prevents the obvious evasion — pleading a tort claim under a statutory label to escape the chapter.

Subsection (b) names ten kinds of party the chapter reaches, from a county and a municipality through public school and junior college districts, charitable and nonprofit organizations, hospital districts and authorities, any other political subdivision, and the State of Texas.

Listing them was necessary because governmental entities are ordinarily exempt from cost-shifting provisions. Here the state and its subdivisions are subject to sanctions on the same terms as anyone else, and can seek them.

Subsection (c) is a priority rule: in an action to which the chapter applies, its provisions prevail over all other law to the extent of any conflict.

That clause reads more strongly than the chapter operates, because the sanction section then steps aside wherever the later chapter or Rule 13 applies.

Frequently Asked Questions

What cases does chapter 9 cover?

Damages actions for personal injury, property damage or death, and other damages resulting from tortious conduct such as libel, slander or tortious interference.

Does it apply to contract claims?

No. A suit seeking only contract damages falls outside it.

Does it apply to governmental parties?

Yes. Counties, municipalities, school and hospital districts, other political subdivisions and the State of Texas are all named.

Amendment History

  • Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff. Sept. 2, 1987.
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