Tort Claims Act: House Select Committee on Government Oversight
- Nicole Huffman
- 23 hours ago
- 2 min read
The Texas Tort Claims Act should be statutorily modernized to ensure more consistent application of governmental immunity laws.
The Texas Tort Claims Act (“TTCA”), codified in Chapter 101 of the Texas Civil Practice and Remedies Code, was enacted during the 61st Legislative Session (1969) to create limited waivers of sovereign immunity and governmental immunity for certain negligence claims against the State and/or governmental entities. Over time, the TTCA has evolved through legislative amendments and extensive judicial interpretation.
Prior to 1969, Texas operated under English common law which provided that a person could not sue the government for a stated wrong against the person. Texas courts held that, unless constitutionally or statutorily waived, a municipality could not be held liable for the torts of their agents or officers for personal injury or property damage related to a governmental function performed solely for the benefit of the public. However, the municipality could be liable for personal injuries, death, or damages arising from proprietary functions. If the behavior was proprietary, the municipality would be treated as a private entity. Additionally, before the TTCA, counties were considered legal subdivisions that could not perform proprietary functions and had no tort liability.
In 1969, the Legislature created a statutory waiver of immunity in Texas Civil Practice and Remedies Code Annotated Section 101.001, et seq. (Vernon 2005 & Supp. 2006) (Originally enacted as Tex. Rev. Stat. Art. 6252-19). The Act includes a partial waiver of sovereign immunity of the State or governmental immunity of its various agencies; political subdivisions including counties, cities, school districts; districts created by statute or constitution; boards; bureaus; and departments.
As part of the 70th Legislative Session tort reform in 1987, the Legislature sought to further define governmental functions versus proprietary functions and, thereby, limit municipalities’ liability. To that end, the adoption of Texas Civil Practice and Remedies Code Section 101.0215 clarified which municipal functions were immune governmental actions and which were waived propriety actions that resulted in the municipality being treated as a private entity.
Since the 1980s reforms, the Texas Tort Claims Act has become increasingly procedural and jurisdictional in nature, as well as more complex. Following the 70th Legislative Session in 1987, major immunity law developments have included expansion of election-of-remedies protections, broader jurisdictional treatment of immunity, and narrowing constructions of waiver provisions. In 2003, the omnibus tort reform bill was passed during the 78th Legislature. Texas enacted one of the most comprehensive tort reform laws in the nation. It fundamentally restricted the state’s civil justice system as well as medical malpractice and liability systems. However, despite being a national leader in tort reform, the Texas judiciary has continued to advocate for the Texas Legislature to provide statutory standards that could strengthen the Texas Tort Claims Act.
