By Pacheco Couceiro
A collision with a city truck in Brownsville, a fall caused by a hazard at a county building, or a crash involving a school district bus raises a different set of rules than a claim against a private driver or business. In Texas, claims for personal injury against governmental units are largely governed by the Texas Tort Claims Act, found in Chapter 101 of the Civil Practice and Remedies Code. One of the most important parts of that law is its notice requirement. This article summarizes what the statute says about which entities are covered, when the law allows a claim, what notice must include, and when it must be given. Sources were checked on October 23, 2026. It does not evaluate any particular claim or predict any outcome.
Who counts as a "governmental unit"
Section 101.001 defines a governmental unit broadly. It includes the State of Texas and its agencies, boards, commissions, departments, and courts, and also political subdivisions such as cities, counties, school districts, junior college districts, drainage districts, irrigation districts, water districts, navigation districts, and river authorities. Emergency service organizations and other institutions whose authority comes from the Texas Constitution or state law can also qualify.
In the Rio Grande Valley, that list can cover many public bodies that operate vehicles, buildings, roads, and drainage systems. Different public bodies are often separate legal entities, so identifying the correct one matters.
When the Act allows a claim
Governmental units in Texas generally have immunity from suit, and the Act waives that immunity only to the extent of the liability it creates (Section 101.025). Section 101.021 describes two main categories:
- Motor vehicles and motor-driven equipment. Property damage, personal injury, and death caused by the wrongful act, omission, or negligence of an employee acting within the scope of employment, if the harm arises from the operation or use of a motor-driven vehicle or motor-driven equipment and the employee would be personally liable under Texas law.
- Condition or use of property. Personal injury and death caused by a condition or use of tangible personal or real property, if the governmental unit would be liable as a private person under Texas law.
The Act also contains limits and exclusions. For example, Section 101.022 limits the duty owed for premises defects, with different treatment for special defects such as excavations or obstructions on roads. Section 101.055 excludes certain claims involving emergency responses and police or fire protection, and Section 101.057 excludes claims arising out of assault, battery, false imprisonment, and other intentional torts. For cities, Section 101.0215 separates governmental functions (such as street maintenance, sanitary and storm sewers, parks, and traffic signals) from proprietary functions, which are not covered by the chapter. Section 101.023 also sets maximum amounts of liability that differ for the state, local governments, and municipalities.
The six-month notice rule
Section 101.101(a) says a governmental unit is entitled to receive notice of a claim not later than six months after the day the incident occurred. The notice must reasonably describe:
- the damage or injury claimed;
- the time and place of the incident; and
- the incident itself.
City charters can set shorter periods
Section 101.101(b) ratifies and approves a city's charter and ordinance provisions that require notice within a charter period permitted by law. In practice, a home-rule city's charter or ordinances may require notice sooner than six months and may set requirements for how and to whom it is given. Anyone with a possible claim against a city in Cameron or Hidalgo County should read that city's current charter and ordinances, not only the state statute.
Actual notice
Section 101.101(c) says the notice requirements do not apply if the governmental unit has actual notice that death occurred, that the claimant was injured, or that the claimant's property was damaged. Whether a governmental unit had actual notice can be disputed, so relying on it instead of sending written notice carries risk.
Why notice matters so much
Section 311.034 of the Texas Government Code states that statutory prerequisites to a suit, including the provision of notice, are jurisdictional requirements in all suits against a governmental entity. A missed notice deadline can therefore end a claim regardless of its other merits.
Other rules that affect these claims
- Election of remedies. Under Section 101.106, filing suit under the Act against a governmental unit generally bars suit against its individual employee on the same subject matter, and filing against an employee can affect the claim against the unit.
- Where and how suit is filed. Section 101.102 requires suit in state court in the county where the cause of action arose and requires the pleadings to name the governmental unit as defendant.
- Other deadlines still apply. The notice period is separate from the general statute of limitations. Our earlier article on the Texas personal injury statute of limitations explains that rule.
Step by step: a practical overview after an incident with a public entity
Step 1: Get medical care and document the scene
Photos of the location, vehicle, hazard, signs, and lighting can help show the time and place of the incident.
Step 2: Identify the governmental unit
Note markings on vehicles, uniforms, and buildings. A city, county, school district, utility board, drainage district, or state agency may be involved, and each may be separate.
Step 3: Get the crash or incident report
For vehicle crashes, our article on getting a Texas crash report (CR-3) explains how to request one.
Step 4: Calendar the notice deadline right away
Count six months from the day of the incident under state law, then check whether the city's charter or ordinances require notice sooner.
Step 5: Send written notice that covers the statutory elements
Describe the injury or damage, the time and place, and the incident. Keep proof of delivery and a copy of what was sent.
Step 6: Speak with a lawyer early
The Act's exclusions, caps, and election-of-remedies rules are technical. Fault rules also apply; see our article on Texas modified comparative fault.
Frequently asked questions
Is the six-month notice the same as the deadline to file a lawsuit?
No. Section 101.101 addresses notice to the governmental unit. The time to file suit is a separate question.
Does calling 911 or the police count as notice?
Section 101.101(c) excuses formal notice when the unit has actual notice of a death, injury, or property damage, but whether a particular call or report gives actual notice depends on the facts. Written notice within the deadline avoids relying on that question.
Can I sue a city employee personally instead of the city?
Section 101.106 contains election-of-remedies rules that can bar or dismiss claims against employees in many situations. A lawyer can explain how it may apply.
Does the Act cover a crash with a federal vehicle, such as a Border Patrol vehicle?
No. Chapter 101 applies to Texas governmental units. Claims involving federal agencies and employees fall under federal law, with their own procedures and deadlines.
Questions in Brownsville and South Texas
Pacheco Couceiro works with people in Brownsville and across South Texas on personal injury matters. If you were hurt in an incident involving a city, county, school district, or state agency and have questions about notice requirements, you can contact our office to talk about your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.