Texas Civil Practice and Remedies Code
Sec. § 101.0215
Liability of a Municipality


(a)

A municipality is liable under this chapter for damages arising from its governmental functions, which are those functions that are enjoined on a municipality by law and are given it by the state as part of the states sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to:

(1)

police and fire protection and control;

(2)

health and sanitation services;

(3)

street construction and design;

(4)

bridge construction and maintenance and street maintenance;

(5)

cemeteries and cemetery care;

(6)

garbage and solid waste removal, collection, and disposal;

(7)

establishment and maintenance of jails;

(8)

hospitals;

(9)

sanitary and storm sewers;

(10)

airports, including when used for space flight activities as defined by Section 100A.001;

(11)

waterworks;

(12)

repair garages;

(13)

parks and zoos;

(14)

museums;

(15)

libraries and library maintenance;

(16)

civic, convention centers, or coliseums;

(17)

community, neighborhood, or senior citizen centers;

(18)

operation of emergency ambulance service;

(19)

dams and reservoirs;

(20)

warning signals;

(21)

regulation of traffic;

(22)

transportation systems;

(23)

recreational facilities, including but not limited to swimming pools, beaches, and marinas;

(24)

vehicle and motor driven equipment maintenance;

(25)

parking facilities;

(26)

tax collection;

(27)

firework displays;

(28)

building codes and inspection;

(29)

zoning, planning, and plat approval;

(30)

engineering functions;

(31)

maintenance of traffic signals, signs, and hazards;

(32)

water and sewer service;

(33)

animal control;

(34)

community development or urban renewal activities undertaken by municipalities and authorized under Chapters 373 and 374, Local Government Code;

(35)

latchkey programs conducted exclusively on a school campus under an interlocal agreement with the school district in which the school campus is located; and

(36)

enforcement of land use restrictions under Subchapter E, Chapter 212, Local Government Code.

(b)

This chapter does not apply to the liability of a municipality for damages arising from its proprietary functions, which are those functions that a municipality may, in its discretion, perform in the interest of the inhabitants of the municipality, including but not limited to:

(1)

the operation and maintenance of a public utility;

(2)

amusements owned and operated by the municipality; and

(3)

any activity that is abnormally dangerous or ultrahazardous.

(c)

The proprietary functions of a municipality do not include those governmental activities listed under Subsection (a).
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.02, eff. Sept. 2, 1987. Amended by Acts 1997, 75th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1170, Sec. 2, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1399, Sec. 1, eff. June 16, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 50 (H.B. 278), Sec. 1, eff. September 1, 2013.
Sec. 101.022. DUTY OWED: PREMISE AND SPECIAL DEFECTS. (a) Except as provided in Subsection (c), if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises.

(b)

The limitation of duty in this section does not apply to the duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices as is required by Section 101.060.

(c)

If a claim arises from a premise defect on a toll highway, road, or street, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.88, eff. June 14, 2005.
Source
Last accessed
Dec. 5, 2019