Texas Civil Practice & Remedies Code § 101.021 – Waiver of Sovereign Immunity
Table of Contents
Statutory Text:
A governmental unit in Texas is liable for:
Property damage, personal injury, or death caused by the negligent operation or use of a motor-driven vehicle or equipment by an employee acting within their scope of employment.
Personal injury or death caused by a condition or use of tangible personal or real property if the governmental unit would be liable if it were a private person.
What Is § 101.021 and the Texas Tort Claims Act?
This statute is part of the Texas Tort Claims Act (TTCA), which provides limited waivers of sovereign immunity, allowing people to sue governmental entities under specific conditions.
Normally, governments are immune from lawsuits, but § 101.021 outlines when they can be held liable like a private citizen.
When Can You Sue the Government in Texas?
There are two primary grounds under § 101.021:
Motor Vehicle Liability: Accidents caused by a government employee driving a vehicle or using equipment negligently
Premises or Property Liability: Injury caused by unsafe real or tangible personal property (e.g., dangerous public building, defective school equipment)
Important: The employee must be acting within the scope of employment, and the property must have actually caused the injury not just been present.
Example Scenario
A city garbage truck runs a red light and hits a pedestrian. The city may be liable under § 101.021(1).
A child is injured by a defective slide at a public park. The city may be liable under § 101.021(2).
Limitations of the Waiver
Even when liability exists under § 101.021:
Caps on damages apply (see § 101.023)
Notice requirements must be followed (see § 101.101)
Intentional torts and some emergency services are excluded
Discretionary functions are still immune (e.g., policymaking)
Related Statutes
§ 101.023 – Damage Caps in Tort Claims Against Government
§ 101.101 – Notice Requirements
§ 101.055 – Exceptions to Waiver of Immunity
Texas Case Law Interpreting § 101.021
The court found that the government may be liable only if the property itself caused the injury not if it was just involved in the sequence of events.
Held that mere use of property does not trigger liability there must be a causal link between the property and the injury.
Frequently Asked Questions About § 101.021
Houston Personal Injury Lawyer - Joel A. Gordon
Yes, if a government employee causes the accident through negligence while driving a government vehicle in the scope of their job.
Yes, if tangible property (like a building or equipment) directly caused the injury—not just contributed passively.
Sovereign immunity likely applies. § 101.021 requires involvement of a motor vehicle or tangible property to waive immunity.
Yes. You typically must provide written notice of the claim within 6 months under § 101.101, though some cities have shorter deadlines.