Texas Tort Claims Act (CPRC Chapter 101): Government Vehicle Crashes, Notice Windows & Damage Caps
Governing Texas Statutes & Controlling Appellate Precedent
Tex. Civ. Prac. & Rem. Code § 101.021 (Limited Waiver of Governmental Immunity — Motor-Driven Vehicles & Premises) Tex. Civ. Prac. & Rem. Code § 101.023 (Strict Statutory Damage Caps: $100k/$250k/$300k/$500k) Tex. Civ. Prac. & Rem. Code § 101.101 (6-Month Statutory Notice & Shorter City Charter Notice Rules) Tex. Civ. Prac. & Rem. Code § 101.106 (Election of Remedies — Sue the Entity, NOT the Employee!)
Leading Texas Supreme Court & Appellate Decisions:
- Worsdale v. City of Killeen, 578 S.W.3d 57 (Tex. 2019) (Actual Notice Standard Under § 101.101(c))
- City of San Antonio v. Maspero, 640 S.W.3d 523 (Tex. 2022) (Police Emergency Response Immunity Under § 101.055(2))
- Rattray v. City of Brownsville, 662 S.W.3d 860 (Tex. 2023)
Overview of Texas Law & Liability Framework
Suing a Texas city, county, school district, public transit authority (METRO, DART, VIA, CapMetro), or state agency (TxDOT, DPS) requires navigating sovereign/governmental immunity under the Texas Tort Claims Act (CPRC Chapter 101), which imposes fatal notice deadlines, strict damage caps, and an unforgiving Election of Remedies trap.
Key Texas Statutory Rules & Liability Standards
- Narrow Waiver of Immunity (CPRC § 101.021): A Texas governmental unit is immune from suit unless the injury was proximately caused by: (1) an employee acting in the scope of employment arising from the operation or use of a motor-driven vehicle or motor-driven equipment (§ 101.021(1)); or (2) a condition or use of tangible personal or real property (§ 101.021(2)).
- The 6-Month Notice Mandate & Shorter City Charter Traps (§ 101.101): Under § 101.101(a), a claimant must deliver formal written notice of claim to the governmental unit within 6 months of the incident. Worse yet, § 101.101(b) ratifies home-rule city charter notice deadlines—which are Only 45 Days in Austin, 90 Days in Houston and San Antonio, and 6 Months in Dallas! Failure to timely serve notice bars the suit unless the government had actual subjective awareness of its fault (Worsdale v. City of Killeen, 578 S.W.3d 57 (Tex. 2019)).
- Strict Statutory Damage Caps (§ 101.023) & Zero Punitive Damages (§ 101.024): Total recovery under the TTCA is capped at: (a) $250,000 per person / $500,000 per occurrence for bodily injury (and $100,000 for property damage) against the State of Texas, a municipality, or an emergency service organization; and (b) $100,000 per person / $300,000 per occurrence for bodily injury (and $100,000 for property damage) against a County, School District (which is waived ONLY for motor vehicles under § 101.051!), or Special District.
- The § 101.106 Election of Remedies Trap: Always name the Governmental Unit itself as the defendant—NOT the government employee driver! Under § 101.106(e)–(f), suing the individual employee in their scope of employment triggers mandatory dismissal of the employee.
Texas Court Procedure, Crash Reporting & Evidentiary Deadlines
Note that under Senate Bill 1045 (Tex. Gov't Code § 22.220(d)), civil appeals involving claims against the State of Texas or state agencies now go to the Fifteenth Court of Appeals in Austin.
Compensatory & Exemplary Damages Available Under Texas Law
Compensatory damages strictly capped at $100,000 per person (counties/ISDs/transit districts) or $250,000 per person (State of Texas and municipalities) under § 101.023, with zero exemplary damages permitted under § 101.024.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
- 6. Independent Reference Portal — Not a Law Firm: Texas Injury Law Reference is an independent legal education publication. We are not a law firm, do not practice law, do not solicit clients, and do not operate as an attorney referral service.