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Tex. Civ. Prac. & Rem. Code § 101.102

COMMENCEMENT OF SUIT

Known as the Texas Tort Claims Act

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

Applied in 19 court decisions — leading case University of Texas Southwestern Medical Center v. Loutzenhiser (2004)

Most recently applied in Luke v. State of Texas (August 2022)

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

How often courts cite this section

1994200020102020202230
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) A suit under this chapter shall be brought in state court in the county in which the cause of action or a part of the cause of action arises.

(b) The pleadings of the suit must name as defendant the governmental unit against which liability is to be established.

(c) In a suit against the state, citation must be served on the secretary of state. In other suits, citation must be served as in other civil cases unless no method of service is provided by law, in which case service may be on the administrative head of the governmental unit being sued. If the administrative head of the governmental unit is not available, the court in which the suit is pending may authorize service in any manner that affords the governmental unit a fair opportunity to answer and defend the suit.

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