Tex. Civ. Prac. & Rem. Code § 101.021

GOVERNMENTAL LIABILITY

Known as the Texas Tort Claims Act

The act spans §§ 101–101 (41 sections).

Applied in 663 court decisions — leading case Texas Department of Parks & Wildlife v. Miranda (2004)

Most recently applied in St. Maron v. City of Houston (August 2023)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A governmental unit in the state is liable for:

(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and

(B) the employee would be personally liable to the claimant according to Texas law; and

(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.