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Auto Accidents

Crashes Involving a Texas Government Vehicle

A plain-language guide to the Texas Tort Claims Act rules that apply when a vehicle driven for a Texas city, county, school district or state agency is involved in a crash, including the notice deadline.

5 min readPublished October 20, 2026Last updated October 20, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

A crash with a vehicle driven for a Texas city, county, school district or state agency falls under the Texas Tort Claims Act, which allows a claim when the injury arises from an employee's operation or use of a motor-driven vehicle and the employee would be personally liable under Texas law (CPRC §101.021). The governmental unit is entitled to notice of the claim not later than six months after the incident, and a city's charter or ordinances can set a shorter period (§101.101). The Act also limits the amount of liability (§101.023).

Introduction

When a crash involves a vehicle driven for a Texas city, county, school district or state agency, a different set of rules applies than in a crash between private drivers. Those rules are in the Texas Tort Claims Act, chapter 101 of the Civil Practice and Remedies Code. This guide explains who the Act covers, when it allows a claim for a vehicle crash, the notice the Act requires, and the limits it sets.

This guide is about Texas governmental units only. Crashes involving a federal vehicle fall under different law.

This article provides general informational guidance and is not legal advice.

What Counts as a Texas Governmental Unit

Under CPRC §101.001(3), a "governmental unit" means:

  • the State of Texas and its agencies, departments, boards, commissions, offices, councils and courts;
  • a political subdivision of the state, including any city, county, school district, junior college district and river authority, and the special districts listed in the statute;
  • an emergency service organization, as the Act defines it; and
  • any other institution, agency or organ of government whose status and authority come from the Texas Constitution or from laws passed under it.

When the Act Allows a Claim for a Vehicle Crash

A governmental unit in Texas is liable for property damage, personal injury and death proximately caused by the wrongful act or omission or the negligence of an employee acting within the scope of employment, if two conditions are met:

  • the damage, injury or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and
  • the employee would be personally liable to the claimant under Texas law (CPRC §101.021(1)).

The Act also lists exceptions. For example, it does not apply to a claim arising from an employee's action while responding to an emergency call or reacting to an emergency situation, if the action complied with the laws and ordinances that apply to emergency action or, where there are none, was not taken with conscious indifference or reckless disregard for the safety of others (CPRC §101.055(2)).

Immunity from suit is waived only to the extent of the liability the Act creates, and a person with a claim under the Act may sue the governmental unit for the damages the Act allows (CPRC §101.025).

Under the Act, an "employee" is a person, including an officer or agent, in the paid service of a governmental unit by competent authority. The definition does not include an independent contractor, an agent or employee of an independent contractor, or a person who performs tasks the details of which the governmental unit does not have the legal right to control (CPRC §101.001(2)). Who was driving, and for whom, can therefore change which rules apply.

The Notice Requirement

A governmental unit is entitled to receive notice of a claim against it under the Act not later than six months after the day the incident giving rise to the claim occurred. The notice must reasonably describe:

  • the damage or injury claimed;
  • the time and place of the incident; and
  • the incident (CPRC §101.101(a)).

City Charters and Ordinances Can Set a Shorter Period

A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved by the Act (CPRC §101.101(b)). A city's own period can be shorter than six months, and it can add requirements of its own. For example, the City of The Colony's charter requires notice in writing, verified by affidavit, within 90 days (City of The Colony, Charter §12.03). Each city's charter and ordinances state its own rule.

When the Notice Requirement Does Not Apply

The notice requirements in subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged (CPRC §101.101(c)).

Giving notice of a claim is a separate step from filing a lawsuit. An attorney can tell you which notice rules and deadlines apply to your situation.

Limits on the Amount of Liability

The Tort Claims Act limits the amount of money damages a governmental unit can be liable for (CPRC §101.023). The limits are set:

  • per person and per single occurrence for bodily injury or death; and
  • per single occurrence for injury to or destruction of property.

The statute sets the limits separately for the state government, a unit of local government, a municipality, and an emergency service organization. Which limits apply depends on which governmental unit was involved.

What You Can Gather

While you think about your next steps, it can help to keep these in one place:

  • The crash report, which can show the vehicle and the agency involved
  • Photos or video of the vehicles, including any agency name, seal or unit number shown on them
  • The date, time and exact place of the crash
  • Medical bills and records, and records of missed work and pay
  • Copies of anything you have sent to, or received from, the governmental unit or its insurer
  • Your own auto policy's declarations page

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently Asked Questions

How long do I have to give notice to a Texas city or county?

Under CPRC §101.101(a), a governmental unit is entitled to notice of a claim not later than six months after the day of the incident. A city's charter and ordinances can set a shorter period, and §101.101(b) ratifies those provisions. An attorney can tell you which period applies.

Is there a limit on what a Texas governmental unit can be liable for?

Yes. CPRC §101.023 limits the amount of liability under the Tort Claims Act, with separate limits for the state government, units of local government, municipalities and emergency service organizations.

Does this apply to a crash with a federal vehicle?

No. This guide covers Texas governmental units under the Texas Tort Claims Act. Crashes involving a federal vehicle fall under different law.

Can InjuryClaimGuide tell me whether I have a claim against a government agency?

No. InjuryClaimGuide is a legal advertising service, and we do not evaluate any claim. An attorney can advise you about your specific situation.

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