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Tex. Civ. Prac. & Rem. Code § 101.060

TRAFFIC AND ROAD CONTROL DEVICES

Known as the Texas Tort Claims Act

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

Applied in 47 court decisions — leading case State Ex Rel. State Department of Highways & Public Transportation v. Gonzalez (2002)

Most recently applied in Tex. Facilities Comm'n v. Speer (August 2018)

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

How often courts cite this section

1987199020002010201860
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) This chapter does not apply to a claim arising from:

(1) the failure of a governmental unit initially to place a traffic or road sign, signal, or warning device if the failure is a result of discretionary action of the governmental unit;

(2) the absence, condition, or malfunction of a traffic or road sign, signal, or warning device unless the absence, condition, or malfunction is not corrected by the responsible governmental unit within a reasonable time after notice; or

(3) the removal or destruction of a traffic or road sign, signal, or warning device by a third person unless the governmental unit fails to correct the removal or destruction within a reasonable time after actual notice.

(b) The signs, signals, and warning devices referred to in this section are those used in connection with hazards normally connected with the use of the roadway.

(c) This section does not apply to the duty to warn of special defects such as excavations or roadway obstructions.

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