Texas Notice of Claim Against Government
Texas Tort Claims Act notice: 6 months from the incident, unless a city charter sets its own period.
Find out where you stand in Texas
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Introduction
Under Tex. Civ. Prac. & Rem. Code 101.101, a governmental unit is entitled to notice of a claim within 6 months after the incident, unless it has actual notice of the death, injury or damage. A city's charter or ordinance can set its own period.
Key Things to Know
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The deadline is strict. Under CPRC 101.101(a), a governmental unit is entitled to receive notice of a claim not later than 6 months after the day the incident giving rise to the claim occurred. The clock starts on the day of the incident, not when you finish treatment.
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Claims against cities can follow a different clock. Section 101.101(b) ratifies city charter and ordinance provisions that require notice within a charter period permitted by law, so read the city's charter or ordinance, or ask the city clerk, before relying on 6 months.
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The notice must reasonably describe the damage or injury claimed, the time and place of the incident, and the incident itself (CPRC 101.101(a)).
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Send the notice to the governmental unit you are claiming against, and for a city, to the office its charter or ordinance names. Ask the unit's clerk or risk management office which office and delivery method it uses, and use a method that gives you proof of the date it was received.
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Formal notice is excused if the governmental unit has actual notice that death occurred, that the claimant was injured, or that the claimant's property was damaged (CPRC 101.101(c)). Do not rely on this without written notice if you can still give it on time.
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Recovery is capped by CPRC 101.023. For the state it is $250,000 per person and $500,000 per occurrence for bodily injury or death, and $100,000 per occurrence for property damage. Exemplary damages are not available under the Act (CPRC 101.024).
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In a suit against the state, citation must be served on the secretary of state (CPRC 101.102(c)). Ask the governmental unit's clerk or risk management office how it handles a notice once it is received.
Key decisions before you file
Before you file a Notice of Claim in Texas, a few decisions shape the document: which option to choose and what each one means. The Notice of Claim guide walks through them.
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Texas Requirements for Notice of Claim
Six-Month Notice Deadline
CPRC 101.101(a): a governmental unit is entitled to receive notice of a claim not later than 6 months after the day the incident giving rise to the claim occurred.
City Charter Notice Periods
CPRC 101.101(b): city charter and ordinance provisions requiring notice within a charter period permitted by law are ratified, so a city's period and recipient may differ.
Required Contents
CPRC 101.101(a): the notice must reasonably describe the damage or injury claimed, the time and place of the incident, and the incident.
Actual Notice Exception
CPRC 101.101(c): the notice requirements do not apply if the governmental unit has actual notice of the death, the injury, or the property damage.
Damages Caps
CPRC 101.023: state $250,000 per person, $500,000 per occurrence, $100,000 property; municipalities the same; other local units and emergency service organizations $100,000, $300,000, $100,000. No exemplary damages (101.024).
Service on the State
CPRC 101.102(c): in a suit against the state, citation must be served on the secretary of state.
Proof of Delivery
Close the notice with a delivery line naming the office served, the date, the method and any tracking or receipt number.