Texas Legal Glossary · Personal Injury

Texas Tort Claims Act

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: The Texas Tort Claims Act, Chapter 101 of the Civil Practice and Remedies Code, allows limited injury claims against the state, cities, counties, and school districts, mainly for employee vehicle crashes and dangerous premises. It imposes strict notice deadlines and damage caps.

Also called: TTCA, Chapter 101, governmental immunity waiver

What the Texas Tort Claims Act means

Texas governments are immune from suit unless the Legislature says otherwise. The Texas Tort Claims Act is that permission, and it is narrow. Section 101.021 waives immunity in two situations: injury caused by an employee’s negligent operation or use of a motor-driven vehicle within the scope of employment, and injury caused by a condition or use of tangible personal or real property, which includes premises defects. Most other claims, including intentional torts, remain barred.

Covered entities include the State of Texas, the City of Austin, Travis County, school districts, and transit authorities such as Capital Metro. A crash with a CapMetro bus, a police cruiser, a city garbage truck, or a school bus is an Act case.

How it works in practice

The notice requirement is the trap. Section 101.101 requires written notice to the governmental unit within six months, describing the damage, the time and place, and the incident. City charters may shorten that period, and the City of Austin’s charter requires notice within 45 days. Missing the deadline ends the claim unless the government had actual notice of its possible fault, a narrow exception. The ordinary two-year statute of limitations still applies on top of the notice rule.

Section 101.023 caps bodily injury damages at $250,000 per person and $500,000 per occurrence against the state and municipalities, and $100,000 per person and $300,000 per occurrence against other local governments such as counties and school districts. Exemplary damages are not available. Section 101.106 forces an election between suing the government and suing the employee, and a suit against both is dismissed as to the employee. Premises claims are also harder than against a private owner, because the Act generally treats the claimant as a licensee, owed only a warning of dangers the government actually knew about.

Why it matters in your case

A crash with a city vehicle looks like any other crash, but the rules differ from day one. Austin’s 45-day notice deadline can pass while an injured person is still in physical therapy. The caps mean a catastrophic injury is undercompensated however clear the fault, which puts UM/UIM coverage on your own policy in play. We calendar the notice deadline the day a government vehicle is identified.

Example

A CapMetro bus changes lanes on Guadalupe Street and strikes Aaron’s car, fracturing his hip. His lawyer sends written notice to Capital Metro within weeks and files suit in Travis County district court. Aaron’s damages exceed $400,000, but the Act caps his recovery against the transit authority at $250,000. His own underinsured motorist coverage pays part of the difference.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.