The Texas Tort Claims Act: Can You Sue the Government in Texas?
Government Immunity and Its Impact on Injury Cases
Texas law shields most government agencies from lawsuits through a rule known as sovereign immunity. It prevents lawsuits against the state, cities, and counties unless the government gives permission to be sued.
What Sovereign Immunity Means
- State and local governments cannot be held liable for negligence unless a specific law allows it.
- Employees acting within their jobs are typically protected under the same rule.
Without an exception, a person harmed by a government employee or unsafe public property has no legal path to recover damages.
The Exception That Opens the Door
The Texas Tort Claims Act (TTCA) creates limited permission to bring a case against a government entity. It applies only to certain types of negligence, which the next sections break down in detail.
Simple Examples
- A city bus driver causes a crash.
- A driver hits a deep pothole that a county failed to repair.
In both, the TTCA may allow a case that would otherwise be blocked by immunity.
When a City Can Be Sued
Cities in Texas perform two categories of work: governmental and proprietary. The type of function determines whether immunity applies.
A city’s liability depends on what it was doing when the injury occurred, not who caused it.
Proprietary Functions — Normal Liability Applies
Proprietary functions are optional, business-like activities a city runs for local interests rather than statewide duties.
Examples:
- Operating a city-owned utility or amusement facility
- Leasing commercial property
- Managing an event center or other income-producing venture
When negligence occurs during a proprietary activity, the case proceeds the same way it would against a private company. The city is responsible for the harm caused by its employees or operations.
Governmental Functions — Immunity Still Applies
Governmental functions are services carried out for the benefit of the public as a whole and include police and fire protection, road design and maintenance, public parks, sanitation, as well as other duties assigned by the state.
When an injury occurs during a governmental function, the city remains protected by immunity unless the case fits one of the narrow waivers in the Texas Tort Claims Act.
Only cases that meet those specific conditions move forward. All others remain barred by immunity.
Exceptions That Let a TTCA Case Move Forward
Only certain situations meet the narrow exceptions that remove immunity under the TTCA. Each one focuses on a specific type of government negligence tied to vehicles, property, or unsafe public conditions.
Motor-Driven Vehicles or Equipment
A case can move forward when a government employee’s use of a motor-driven vehicle or piece of equipment directly causes injury. The vehicle has to be the actual cause of harm, not just part of the background.
Examples:
- A city truck runs a red light and crashes into another car — covered.
- A student is hurt in a fight on a school bus — not covered, because the injury came from the fight, not the bus’s operation.
If the vehicle’s movement or function created the danger, the TTCA may apply. If the vehicle was only present, immunity remains intact.
Use of Tangible Property
Liability can also arise when a government employee’s active use of a physical item causes harm. The key is use — an injury caused by failing to use equipment or supplies does not qualify.
Examples:
- A hospital employee uses a defective medical device that injures a patient — covered.
- A patient falls because restraints were never applied — not covered.
Liability depends on showing a direct link between how the item was used and the injury that occurred.
Dangerous Property Conditions
The TTCA also allows recovery for injuries caused by unsafe public property, including roads, sidewalks, and buildings. Success depends on how the condition is classified.
Ordinary Defects
- Everyday maintenance issues, like small cracks or uneven pavement.
- It has to be shown that the government actually knew about the danger and failed to correct it.
Special Defects
- Major hazards, like large holes, fallen trees, or construction obstructions on roadways.
- The government can be held liable if it knew or reasonably should have known about the danger.
Classification determines whether the case can move forward. Ordinary defects require proof of actual awareness, while special defects rely on the broader standard of what the government should have known.
Immunity Restored: TTCA Exceptions That Override the Waivers
Even when a case appears to fit within the TTCA’s limited categories, immunity can still be restored through specific exceptions, which protects the government from liability in certain situations, even when negligence seems clear.
Discretionary Decisions
Government immunity remains intact for policy or design decisions. Choosing where to install a traffic light or how to structure a roadway plan are examples of discretionary actions that stay protected.
Liability applies only to hands-on operational failures, like not repairing a malfunctioning signal that the city already installed.
Intentional Acts
Deliberate acts like assault or false arrest are excluded by the TTCA. When a case against law enforcement is labeled as negligence but involves intentional conduct, it usually fails because the underlying action is still viewed as intentional.
Emergency Response Actions
Emergency-response exceptions cover conduct during urgent situations, including pursuits and other high-speed responses. Immunity applies when the employee acted in good faith or followed required pursuit procedures.
Procedural Hurdles That Can End a Case
The TTCA has strict procedural rules that can close a case long before any evidence is heard. Two of the biggest barriers are the short notice window and the limits on what can be recovered.
Six-Month Notice Requirement
A written notice has to reach the government agency within six months of the injury. It has to identify what happened, where it occurred, and the date of the event.
Reports to police officers or verbal conversations with employees do not meet the requirement. When notice is late or incomplete, the case stops before it begins, even when the government’s responsibility is clear.
Strict Limits on Compensation
Texas law sets firm limits on how much can be recovered, and the amount depends on which entity is involved.
- State or city: $250,000 per person, $500,000 per event
- County or school district: $100,000 per person, $300,000 per event
Punitive damages are barred, and caps apply in every case regardless of injury severity or ongoing care costs.
Timing and Accuracy in TTCA Cases
Winning under the Texas Tort Claims Act depends on precision and timing. Success relies on identifying the city’s function quickly, fitting the facts within one of the law’s narrow categories, and meeting every procedural rule before deadlines pass.
Experienced attorneys act immediately to secure records, confirm notice delivery, and connect evidence to the correct category of liability. Government immunity allows no margin for delay, and a strong case depends on starting investigations quickly and complete documentation.
If you were injured because of government negligence and need answers about your options under the Texas Tort Claims Act, call Loewy Law Firm at (512) 280-0800 for a free consultation.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.