DISCRETIONARY POWERS
Known as the Texas Tort Claims Act
The act spans §§ 101–101 (41 sections).
Applied in 80 court decisions — leading case County of Cameron v. Brown (2002)
Most recently applied in Tarrant Regional Water District v. Richard Johnson and Sharkara Johnson, Individually and as Personal Representatives of the Estate of Brandy Johnson (December 2016)
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff
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.
This chapter does not apply to a claim based on:
(1) the failure of a governmental unit to perform an act that the unit is not required by law to perform; or
(2) a governmental unit's decision not to perform an act or on its failure to make a decision on the performance or nonperformance of an act if the law leaves the performance or nonperformance of the act to the discretion of the governmental unit.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.