TEXAS' CLAIMS ACT: A MODEL LAW

One of the best tort laws was recently codified, pulling together related acts and rephrasing them in more understandable language. In Texas codification, Chapter 101 covers the basic tort claims act, while Chapter 102 codifies tort claims payments by local governments, and Chapter 104 covers state liability for conduct of public servants. The chapters fall under Title 5-governmental liability - in the Texas' Civil Practice and Remedies Code. A number of provisions are responsible for the Texas law's growing reputation as a model. Some of the most important include the following: a differentiation between ordinary and special defects; a limit on the amount of governmental liability - both for state and local governments; a requirement that the plaintiff give notice within six months of the incident giving rise to a claim; nonadmissibility of the existence and/or amount of liability insurance held by the government as evidence in a trial; extended payments when total judgments exceed 1% of the governmental unit's tax funds for the year. Each of these areas are briefly discussed. A table is included which shows the state ceilings on tort liability.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/1519687
• Publication Date: 1986-10

Media Info

• Pagination: p. 24-25
• Serial:
  • Better Roads
  • Volume: 56
  • Issue Number: 10
  • Publisher: James Informational Media, Incorporated
  • ISSN: 0006-0208
  • Serial URL: http://www.betterroads.com

Subject/Index Terms

• TRT Terms: Insurance; Insurance claims; Laws; Liability; Local government; Loss and damage claims; State government; Tort liability
• Geographic Terms: Texas
• Subject Areas: Highways; Law; Operations and Traffic Management; Public Transportation; I73: Traffic Control;

Filing Info

• Accession Number: 00459378
• Record Type: Publication
• Files: TRIS
• Created Date: Aug 28 2004 4:45AM