CHAPTER 101. TORT CLAIMS - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 5. GOVERNMENTAL LIABILITY

CHAPTER 101. TORT CLAIMS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 101.001. DEFINITIONS. In this chapter:

(1) "Emergency service organization" means a volunteer fire

department, rescue squad, or an emergency medical services

provider that is:

(A) operated by its members; and

(B) exempt from state taxes by being listed as an exempt

organization under Section 151.310 or 171.083, Tax Code.

(2) "Employee" means a person, including an officer or agent,

who is in the paid service of a governmental unit by competent

authority, but does not include an independent contractor, an

agent or employee of an independent contractor, or a person who

performs tasks the details of which the governmental unit does

not have the legal right to control.

(3) "Governmental unit" means:

(A) this state and all the several agencies of government that

collectively constitute the government of this state, including

other agencies bearing different designations, and all

departments, bureaus, boards, commissions, offices, agencies,

councils, and courts;

(B) a political subdivision of this state, including any city,

county, school district, junior college district, levee

improvement district, drainage district, irrigation district,

water improvement district, water control and improvement

district, water control and preservation district, freshwater

supply district, navigation district, conservation and

reclamation district, soil conservation district, communication

district, public health district, and river authority;

(C) an emergency service organization; and

(D) any other institution, agency, or organ of government the

status and authority of which are derived from the Constitution

of Texas or from laws passed by the legislature under the

constitution.

(4) "Motor-driven equipment" does not include:

(A) equipment used in connection with the operation of

floodgates or water release equipment by river authorities

created under the laws of this state; or

(B) medical equipment, such as iron lungs, located in hospitals.

(5) "Scope of employment" means the performance for a

governmental unit of the duties of an employee's office or

employment and includes being in or about the performance of a

task lawfully assigned to an employee by competent authority.

(6) "State government" means an agency, board, commission,

department, or office, other than a district or authority created

under Article XVI, Section 59, of the Texas Constitution, that:

(A) was created by the constitution or a statute of this state;

and

(B) has statewide jurisdiction.

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

Amended by Acts 1987, 70th Leg., ch. 693, Sec. 1, eff. June 19,

1987; Acts 1991, 72nd Leg., ch. 476, Sec. 1, eff. Aug. 26, 1991;

Acts 1995, 74th Leg., ch. 827, Sec. 1, eff. Aug. 28, 1995; Acts

1997, 75th Leg., ch. 968, Sec. 1, eff. Sept. 1, 1997.

Sec. 101.002. SHORT TITLE. This chapter may be cited as the

Texas Tort Claims Act.

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

Sec. 101.003. REMEDIES ADDITIONAL. The remedies authorized by

this chapter are in addition to any other legal remedies.

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

SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS

Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in

the state is liable for:

(1) property damage, personal injury, and death proximately

caused by the wrongful act or omission or the negligence of an

employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from

the operation or use of a motor-driven vehicle or motor-driven

equipment; and

(B) the employee would be personally liable to the claimant

according to Texas law; and

(2) personal injury and death so caused by a condition or use of

tangible personal or real property if the governmental unit

would, were it a private person, be liable to the claimant

according to Texas law.

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

Sec. 101.0211. NO LIABILITY FOR JOINT ENTERPRISE. The common

law doctrine of vicarious liability because of participation in a

joint enterprise does not impose liability on a water district

created pursuant to either Sections 52(b)(1) and (2), Article

III, or Section 59, Article XVI, Texas Constitution, regardless

of how created, for a claim brought under this chapter.

Added by Acts 2001, 77th Leg., ch. 1423, Sec. 35, eff. June 17,

2001.

Sec. 101.0215. LIABILITY OF A MUNICIPALITY. (a) A municipality

is liable under this chapter for damages arising from its

governmental functions, which are those functions that are

enjoined on a municipality by law and are given it by the state

as part of the state's sovereignty, to be exercised by the

municipality in the interest of the general public, including but

not limited to:

(1) police and fire protection and control;

(2) health and sanitation services;

(3) street construction and design;

(4) bridge construction and maintenance and street maintenance;

(5) cemeteries and cemetery care;

(6) garbage and solid waste removal, collection, and disposal;

(7) establishment and maintenance of jails;

(8) hospitals;

(9) sanitary and storm sewers;

(10) airports;

(11) waterworks;

(12) repair garages;

(13) parks and zoos;

(14) museums;

(15) libraries and library maintenance;

(16) civic, convention centers, or coliseums;

(17) community, neighborhood, or senior citizen centers;

(18) operation of emergency ambulance service;

(19) dams and reservoirs;

(20) warning signals;

(21) regulation of traffic;

(22) transportation systems;

(23) recreational facilities, including but not limited to

swimming pools, beaches, and marinas;

(24) vehicle and motor driven equipment maintenance;

(25) parking facilities;

(26) tax collection;

(27) firework displays;

(28) building codes and inspection;

(29) zoning, planning, and plat approval;

(30) engineering functions;

(31) maintenance of traffic signals, signs, and hazards;

(32) water and sewer service;

(33) animal control;

(34) community development or urban renewal activities

undertaken by municipalities and authorized under Chapters 373

and 374, Local Government Code;

(35) latchkey programs conducted exclusively on a school campus

under an interlocal agreement with the school district in which

the school campus is located; and

(36) enforcement of land use restrictions under Subchapter A,

Chapter 230, Local Government Code.

(b) This chapter does not apply to the liability of a

municipality for damages arising from its proprietary functions,

which are those functions that a municipality may, in its

discretion, perform in the interest of the inhabitants of the

municipality, including but not limited to:

(1) the operation and maintenance of a public utility;

(2) amusements owned and operated by the municipality; and

(3) any activity that is abnormally dangerous or ultrahazardous.

(c) The proprietary functions of a municipality do not include

those governmental activities listed under Subsection (a).

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.02, eff.

Sept. 2, 1987. Amended by Acts 1997, 75th Leg., ch. 152, Sec. 1,

eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1170, Sec. 2, eff.

June 18, 1999; Acts 2001, 77th Leg., ch. 1399, Sec. 1, eff. June

16, 2001.

Sec. 101.022. DUTY OWED: PREMISE AND SPECIAL DEFECTS. (a)

Except as provided in Subsection (c), if a claim arises from a

premise defect, the governmental unit owes to the claimant only

the duty that a private person owes to a licensee on private

property, unless the claimant pays for the use of the premises.

(b) The limitation of duty in this section does not apply to the

duty to warn of special defects such as excavations or

obstructions on highways, roads, or streets or to the duty to

warn of the absence, condition, or malfunction of traffic signs,

signals, or warning devices as is required by Section 101.060.

(c) If a claim arises from a premise defect on a toll highway,

road, or street, the governmental unit owes to the claimant only

the duty that a private person owes to a licensee on private

property.

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

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.88, eff. June 14, 2005.

Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability

of the state government under this chapter is limited to money

damages in a maximum amount of $250,000 for each person and

$500,000 for each single occurrence for bodily injury or death

and $100,000 for each single occurrence for injury to or

destruction of property.

(b) Except as provided by Subsection (c), liability of a unit of

local government under this chapter is limited to money damages

in a maximum amount of $100,000 for each person and $300,000 for

each single occurrence for bodily injury or death and $100,000

for each single occurrence for injury to or destruction of

property.

(c) Liability of a municipality under this chapter is limited to

money damages in a maximum amount of $250,000 for each person and

$500,000 for each single occurrence for bodily injury or death

and $100,000 for each single occurrence for injury to or

destruction of property.

(d) Except as provided by Section 78.001, liability of an

emergency service organization under this chapter is limited to

money damages in a maximum amount of $100,000 for each person and

$300,000 for each single occurrence for bodily injury or death

and $100,000 for each single occurrence for injury to or

destruction of property.

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

Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.03, eff.

Sept. 2, 1987; Acts 1995, 74th Leg., ch. 827, Sec. 2, eff. Aug.

28, 1995; Acts 1997, 75th Leg., ch. 968, Sec. 2, eff. Sept. 1,

1997.

Sec. 101.024. EXEMPLARY DAMAGES. This chapter does not

authorize exemplary damages.

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

Sec. 101.025. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO

SUE. (a) Sovereign immunity to suit is waived and abolished to

the extent of liability created by this chapter.

(b) A person having a claim under this chapter may sue a

governmental unit for damages allowed by this chapter.

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

Sec. 101.026. INDIVIDUAL'S IMMUNITY PRESERVED. To the extent an

employee has individual immunity from a tort claim for damages,

it is not affected by this chapter.

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

Sec. 101.027. LIABILITY INSURANCE. (a) Each governmental unit

other than a unit of state government may purchase insurance

policies protecting the unit and the unit's employees against

claims under this chapter. A unit of state government may

purchase such a policy only to the extent that the unit is

authorized or required to do so under other law.

(b) The policies may relinquish to the insurer the right to

investigate, defend, compromise, and settle any claim under this

chapter to which the insurance coverage extends.

(c) This state or a political subdivision of the state may not

require an employee to purchase liability insurance as a

condition of employment if the state or the political subdivision

is insured by a liability insurance policy.

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

Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.01, eff. Sept.

1, 1999.

Sec. 101.028. WORKERS' COMPENSATION INSURANCE. A governmental

unit that has workers' compensation insurance or that accepts the

workers' compensation laws of this state is entitled to the

privileges and immunities granted by the workers' compensation

laws of this state to private individuals and corporations.

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

Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON

INMATES. (a) The Department of Criminal Justice is liable for

property damage, personal injury, and death proximately caused by

the wrongful act or omission or the negligence of an inmate or

state jail defendant housed in a facility operated by the

department if:

(1) the property damage, personal injury, or death arises from

the operation or use of a motor-driven vehicle or motor-driven

equipment;

(2) the inmate or defendant would be personally liable to the

claimant for the property damage, personal injury, or death

according to Texas law were the inmate or defendant a private

person acting in similar circumstances; and

(3) the act, omission, or negligence was committed by the inmate

or defendant acting in the course and scope of a task or activity

that:

(A) the inmate or defendant performed at the request of an

employee of the department; and

(B) the inmate or defendant performed under the control or

supervision of the department.

(b) A claimant may not name the inmate or state jail defendant

whose act or omission gave rise to the claim as a codefendant in

an action brought under this section.

(c) A judgment in an action or a settlement of a claim against

the Department of Criminal Justice under this section bars any

action involving the same subject matter by the claimant against

the inmate or state jail defendant whose act or omission gave

rise to the claim. A judgment in an action or a settlement of a

claim against an inmate or state jail defendant bars any action

involving the same subject matter by the claimant against the

Department of Criminal Justice under this section.

(d) This section does not apply to property damage, personal

injury, or death sustained by an inmate or state jail defendant.

Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.108, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 313, Sec. 1, eff.

Sept. 1, 1999.

SUBCHAPTER C. EXCLUSIONS AND EXCEPTIONS

Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY

EXCLUDED. Except as to motor vehicles, this chapter does not

apply to a school district or to a junior college district.

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

Sec. 101.052. LEGISLATIVE. This chapter does not apply to a

claim based on an act or omission of the legislature or a member

of the legislature acting in his official capacity or to the

legislative functions of a governmental unit.

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

Sec. 101.053. JUDICIAL. (a) This chapter does not apply to a

claim based on an act or omission of a court of this state or any

member of a court of this state acting in his official capacity

or to a judicial function of a governmental unit. "Official

capacity" means all duties of office and includes administrative

decisions or actions.

(b) This chapter does not apply to a claim based on an act or

omission of an employee in the execution of a lawful order of any

court.

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

Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.04, eff.

Sept. 2, 1987.

Sec. 101.054. STATE MILITARY PERSONNEL. This chapter does not

apply to a claim arising from the activities of the state

military forces when on active duty under the lawful orders of

competent authority.

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

Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. This chapter does

not apply to a claim arising:

(1) in connection with the assessment or collection of taxes by

a governmental unit;

(2) from the action of an employee while responding to an

emergency call or reacting to an emergency situation if the

action is in compliance with the laws and ordinances applicable

to emergency action, or in the absence of such a law or

ordinance, if the action is not taken with conscious indifference

or reckless disregard for the safety of others; or

(3) from the failure to provide or the method of providing

police or fire protection.

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

Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.05, eff.

Sept. 2, 1987; Acts 1995, 74th Leg., ch. 139, Sec. 1, eff. Sept.

1, 1995.

Sec. 101.056. DISCRETIONARY POWERS. This chapter does not apply

to a claim based on:

(1) the failure of a governmental unit to perform an act that

the unit is not required by law to perform; or

(2) a governmental unit's decision not to perform an act or on

its failure to make a decision on the performance or

nonperformance of an act if the law leaves the performance or

nonperformance of the act to the discretion of the governmental

unit.

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

Sec. 101.057. CIVIL DISOBEDIENCE AND CERTAIN INTENTIONAL TORTS.

This chapter does not apply to a claim:

(1) based on an injury or death connected with any act or

omission arising out of civil disobedience, riot, insurrection,

or rebellion; or

(2) arising out of assault, battery, false imprisonment, or any

other intentional tort, including a tort involving disciplinary

action by school authorities.

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

Sec. 101.058. LANDOWNER'S LIABILITY. To the extent that Chapter

75 limits the liability of a governmental unit under

circumstances in which the governmental unit would be liable

under this chapter, Chapter 75 controls.

Added by Acts 1995, 74th Leg., ch. 520, Sec. 4, eff. Aug. 28,

1995.

Sec. 101.059. ATTRACTIVE NUISANCES. This chapter does not apply

to a claim based on the theory of attractive nuisance.

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

Sec. 101.060. TRAFFIC AND ROAD CONTROL DEVICES. (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.

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

Sec. 101.061. TORT COMMITTED BEFORE JANUARY 1, 1970. This

chapter does not apply to a claim based on an act or omission

that occurred before January 1, 1970.

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

Sec. 101.062. 9-1-1 EMERGENCY SERVICE. (a) In this section,

"9-1-1 service" and "public agency" have the meanings assigned

those terms by Section 771.001, Health and Safety Code.

(b) This chapter applies to a claim against a public agency that

arises from an action of an employee of the public agency or a

volunteer under direction of the public agency and that involves

providing 9-1-1 service or responding to a 9-1-1 emergency call

only if the action violates a statute or ordinance applicable to

the action.

Added by Acts 1987, 70th Leg., ch. 236, Sec. 2, eff. Aug. 31,

1987. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(3), eff.

Sept. 1, 1991.

Sec. 101.063. MEMBERS OF PUBLIC HEALTH DISTRICT. A governmental

unit that is a member of a public health district is not liable

under this chapter for any conduct of the district's personnel or

for any condition or use of the district's property.

Added by Acts 1991, 72nd Leg., ch. 476, Sec. 2, eff. Aug. 26,

1991.

Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN. (a)

This section applies only to a municipality that acquires land at

a sale following the foreclosure of a lien held by the

municipality.

(b) This chapter does not apply to a claim that:

(1) arises after the date the land was acquired and before the

date the land is sold, conveyed, or exchanged by the

municipality; and

(2) arises from:

(A) the condition of the land;

(B) a premises defect on the land; or

(C) an action committed by any person, other than an agent or

employee of the municipality, on the land.

(c) In this section, the term "land" includes any building or

improvement located on land acquired by a municipality.

Added by Acts 1995, 74th Leg., ch. 139, Sec. 5, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 442, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 712, Sec. 2, eff. June 17,

1997.

Sec. 101.065. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT OFFICERS.

This chapter does not apply to the wrongful act or omission or

the negligence of an officer commissioned by the Department of

Public Safety if the officer was not on active duty at the time

the act, omission, or negligence occurred. This section applies

without regard to whether the officer was wearing a uniform

purchased under Section 411.0078, Government Code, at the time

the act, omission, or negligence occurred.

Added by Acts 1995, 74th Leg., ch. 738, Sec. 2, eff. Sept. 1,

1995. Renumbered from Civil Practice and Remedies Code Sec.

101.058 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(9), eff.

Sept. 1, 1997.

Sec. 101.066. COMPUTER DATE FAILURE. This chapter does not

apply to a claim for property damage caused by a computer date

failure as described by Section 147.003.

Added by Acts 1999, 76th Leg., ch. 128, Sec. 3, eff. May 19,

1999.

Sec. 101.067. GRAFFITI REMOVAL. This chapter does not apply to

a claim for property damage caused by the removal of graffiti

under Section 250.006, Local Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1130, Sec. 27, eff. September 1, 2009.

SUBCHAPTER D. PROCEDURES

Sec. 101.101. NOTICE. (a) A governmental unit is entitled to

receive notice of a claim against it under this chapter not later

than six months after the day that the incident giving rise to

the claim occurred. The notice must reasonably describe:

(1) the damage or injury claimed;

(2) the time and place of the incident; and

(3) the incident.

(b) A city's charter and ordinance provisions requiring notice

within a charter period permitted by law are ratified and

approved.

(c) The notice requirements provided or ratified and approved by

Subsections (a) and (b) do not apply if the governmental unit has

actual notice that death has occurred, that the claimant has

received some injury, or that the claimant's property has been

damaged.

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

Sec. 101.102. COMMENCEMENT OF SUIT. (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.

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

Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.06, eff.

Sept. 2, 1987.

Sec. 101.103. LEGAL REPRESENTATION. (a) The attorney general

shall defend each action brought under this chapter against a

governmental unit that has authority and jurisdiction coextensive

with the geographical limits of this state. The attorney general

may be fully assisted by counsel provided by an insurance

carrier.

(b) A governmental unit having an area of jurisdiction smaller

than the entire state shall employ its own counsel according to

the organic act under which the unit operates, unless the

governmental unit has relinquished to an insurance carrier the

right to defend against the claim.

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

Sec. 101.104. EVIDENCE OF INSURANCE COVERAGE. (a) Neither the

existence nor the amount of insurance held by a governmental unit

is admissible in the trial of a suit under this chapter.

(b) Neither the existence nor the amount of the insurance is

subject to discovery.

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

Sec. 101.105. SETTLEMENT. (a) A cause of action under this

chapter may be settled and compromised by the governmental unit

if, in a case involving the state the governor determines, or if,

in other cases the governing body of the governmental unit

determines, that the compromise is in the best interests of the

governmental unit.

(b) Approval is not required if the governmental unit has

acquired insurance under this chapter.

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

Sec. 101.106. ELECTION OF REMEDIES. (a) The filing of a suit

under this chapter against a governmental unit constitutes an

irrevocable election by the plaintiff and immediately and forever

bars any suit or recovery by the plaintiff against any individual

employee of the governmental unit regarding the same subject

matter.

(b) The filing of a suit against any employee of a governmental

unit constitutes an irrevocable election by the plaintiff and

immediately and forever bars any suit or recovery by the

plaintiff against the governmental unit regarding the same

subject matter unless the governmental unit consents.

(c) The settlement of a claim arising under this chapter shall

immediately and forever bar the claimant from any suit against or

recovery from any employee of the same governmental unit

regarding the same subject matter.

(d) A judgment against an employee of a governmental unit shall

immediately and forever bar the party obtaining the judgment from

any suit against or recovery from the governmental unit.

(e) If a suit is filed under this chapter against both a

governmental unit and any of its employees, the employees shall

immediately be dismissed on the filing of a motion by the

governmental unit.

(f) If a suit is filed against an employee of a governmental

unit based on conduct within the general scope of that employee's

employment and if it could have been brought under this chapter

against the governmental unit, the suit is considered to be

against the employee in the employee's official capacity only. On

the employee's motion, the suit against the employee shall be

dismissed unless the plaintiff files amended pleadings dismissing

the employee and naming the governmental unit as defendant on or

before the 30th day after the date the motion is filed.

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

Amended by Acts 2003, 78th Leg., ch. 204, Sec. 11.05, eff. Sept.

1, 2003.

Sec. 101.107. PAYMENT AND COLLECTION OF JUDGMENT. (a) A

judgment in a suit under this chapter may be enforced only in the

same manner and to the same extent as other judgments against the

governmental unit are enforceable as provided by law, unless the

governmental unit has liability or indemnity insurance

protection, in which case the holder of the judgment may collect

the judgment, to the extent of the insurer's liability, as

provided in the insurance or indemnity contract or policy or as

otherwise provided by law.

(b) A judgment or a portion of a judgment that is not payable by

an insurer need not be paid by a governmental unit until the

first fiscal year following the fiscal year in which the judgment

becomes final.

(c) If in a fiscal year the aggregate amount of judgments under

this chapter against a governmental unit that become final,

excluding the amount payable by an insurer, exceeds one percent

of the unit's budgeted tax funds for the fiscal year, excluding

general obligation debt service requirements, the governmental

unit may pay the judgments in equal annual installments for a

period of not more than five years. If payments are extended

under this subsection, the governmental unit shall pay interest

on the unpaid balance at the rate provided by law.

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

Sec. 101.108. AD VALOREM TAXES FOR PAYMENT OF JUDGMENT. (a) A

governmental unit not fully covered by liability insurance may

levy an ad valorem tax for the payment of any final judgment

under this chapter.

(b) If necessary to pay the amount of a judgment, the ad valorem

tax rate may exceed any legal tax rate limit applicable to the

governmental unit except a limit imposed by the constitution.

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

Sec. 101.109. PAYMENT OF CLAIMS AGAINST CERTAIN UNIVERSITIES. A

claim under this chapter against a state-supported senior college

or university is payable only by a direct legislative

appropriation made to satisfy claims unless insurance has been

acquired as provided by this chapter. If insurance has been

acquired, the claimant is entitled to payment to the extent of

the coverage as in other cases.

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