Texas Civil Practice & Remedies Code § 101.023 – Limits on Government Liability
Table of Contents
Statutory Text:
Under § 101.023 of the Texas Tort Claims Act, damages against a governmental entity are capped as follows:
State government units:
$250,000 per person
$500,000 total per occurrence for bodily injury or death
$100,000 per occurrence for property damage
Local government units (e.g., cities, counties):
$100,000 per person
$300,000 total per occurrence for bodily injury or death
$100,000 per occurrence for property damage
What Is the Texas Tort Claims Act Damages Cap?
The Tort Claims Act allows limited liability for Texas government entities, but § 101.023 places strict financial caps on recovery, even in clear cases of negligence.
These limits apply automatically and cannot be increased, even with jury awards that exceed them.
Key Cap Breakdown by Government Type
| Government Type | Bodily Injury (Per Person) | Bodily Injury (Per Incident) | Property Damage |
|---|---|---|---|
| State Agencies | $250,000 | $500,000 | $100,000 |
| Cities / Counties | $100,000 | $300,000 | $100,000 |
These caps apply to all claims under the Tort Claims Act, including:
Motor vehicle accidents involving government vehicles
Premises liability on public property
Medical liability in public hospitals (if sovereign immunity is waived)
Example Scenario
A state-employed bus driver causes a crash that injures four people.
Max recovery: $250,000 per person, $500,000 total for bodily injuries combined.
A city-owned tree falls and damages a car.
Max recovery: $100,000 for property damage.
Important Limitations
These caps cannot be waived, even if a jury awards more.
If multiple claims arise from a single event, the per-occurrence cap controls.
Punitive (exemplary) damages are not allowed under the Texas Tort Claims Act.
Related Statutes
§ 101.021 – Government Liability for Vehicle or Property Use
§ 101.101 – Notice Requirements for Tort Claims
§ 101.055 – Exceptions to Tort Liability Waiver
Texas Case Law Interpreting § 101.023
Clarified that these caps are not subject to increase, even when constitutional due process claims are raised.
Reaffirmed that governmental units are only liable up to the statutory maximums under § 101.023.
Frequently Asked Questions About § 101.023
Houston Personal Injury Lawyer - Joel A. Gordon
Up to $250,000 per person and $500,000 per incident for bodily injuries; $100,000 for property damage.
Yes. Cities and counties have lower caps—$100,000 per person and $300,000 per incident.
No. Exemplary damages are not allowed under the Texas Tort Claims Act.
A jury may award more, but the court must reduce the award to comply with the caps in § 101.023.