TEXAS INJURY LAW REFERENCE
TEXAS LEGAL DISCLAIMER: (1) Educational Texas statutory reference only — NOT legal advice; (2) Using this site or its calculators creates NO attorney-client relationship; (3) Content may be incomplete or change by statute/case law; (4) Always verify deadlines and rights with a licensed Texas attorney; (5) Statutory formulas and examples create NO guarantee of results; (6) Not a law firm or lawyer referral service. Full 6-Point Legal Disclaimer ↓
Jurisdiction: State of Texas OnlyReviewed by: Texas Legal Reference Editorial BoardUpdated: 2026-10-28Authority: CPRC §§ 101.021, 101.023, 101.101

Texas Tort Claims Act (CPRC Ch. 101) Governmental Immunity, Notice & Damage Cap Checker

Governing Texas Statutory Formula: CPRC §§ 101.021, 101.023, 101.101

Check whether sovereign/governmental immunity is waived under CPRC § 101.021 or barred by the § 101.051 school-district rule, verify the exact per-person/per-occurrence statutory damage cap ($100k/$300k vs. $250k/$500k under § 101.023), and check city charter notice deadlines.

Tex. Civ. Prac. & Rem. Code § 101.021 (Motor Vehicle & Tangible/Real Property Waivers) Tex. Civ. Prac. & Rem. Code § 101.023 ($100k/$300k Local & $250k/$500k State/Municipal Caps) Tex. Civ. Prac. & Rem. Code § 101.051 (School Districts Waived ONLY for Motor Vehicles) Tex. Civ. Prac. & Rem. Code § 101.106 (Mandatory Election of Remedies)

Interactive TTCA Government Immunity & Cap Checker

Enter your Texas case figures above and click Calculate Under Texas Law to see the statutory breakdown.

Comparing State, Municipal, County, Transit & School District Rules Under CPRC Chapter 101

The Texas Tort Claims Act does not treat all government entities equally. Under CPRC § 101.023(a) and (c), claims against the State of Texas (such as TxDOT or DPS) and claims against a Texas Municipality performing a governmental function are capped at $250,000 per person and $500,000 per occurrence for bodily injury or death (plus $100,000 for property damage). By contrast, under § 101.023(b), claims against a Texas County, a Public School District (ISD), a Junior College District, or a Regional Transit Authority are capped at only $100,000 per person and $300,000 per occurrence!

Furthermore, under CPRC § 101.051, a Texas Independent School District (ISD) or Junior College District retains 100% immunity for premises defects and tangible property—its immunity is waived ONLY for motor-driven vehicles (such as school buses or district fleet trucks).

Frequently Asked Questions Under Texas Law

What is the Difference Between a City's Governmental Functions and Proprietary Functions under CPRC § 101.0215?

While nearly all city operations (police, fire, streets, parks, sanitation, water/sewer) are classified as 'governmental functions' subject to TTCA caps under § 101.0215(a), a narrow set of 'proprietary functions' (such as operating a municipal amusement or certain non-mandated utilities under § 101.0215(b)) are not subject to TTCA damage caps.

Can I recover punitive (exemplary) damages against a Texas city or county?

Never. Texas Civil Practice and Remedies Code § 101.024 expressly states: 'This chapter does not authorize exemplary damages.'

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.