Explanation of State Liability »

Sovereign immunity prohibits personal injury and property damage claims against governmental units of the State of Texas.  Chapter 101 of the Civil Practice and Remedies Code waives, on an extremely limited basis, a governmental unit’s sovereign immunity from claims brought by individuals who are injured by governmental units and their employees.  Chapter 101 is commonly known as the Texas Tort Claims Act.  Section 101.021 of the Act defines a governmental unit’s liability:

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.

 If a question arises regarding the liability of an employee or institution of The Texas A&M University System, please contact  System Risk Manager Henry Judah at 979-458-6330.