Public-domain · open source
OpenJurist

Tex. Civ. Prac. & Rem. Code § 101.022

DUTY OWED: PREMISE AND SPECIAL DEFECTS

Known as the Texas Tort Claims Act

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

Applied in 158 court decisions — leading case County of Cameron v. Brown (2002)

Most recently applied in Joy Worsdale, Individually and as the Personal Representative of the Estate of Scott Worsdale v. the City of Killeen, Texas (June 2019)

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

How often courts cite this section

19871990200020102019130
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) Except as provided in Subsection (c), if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises.

(b) The limitation of duty in this section does not apply to the duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices as is required by Section 101.060.

(c) If a claim arises from a premise defect on a toll highway, road, or street, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property.

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