Texas Civil Practice and Remedies Code 104.003 – Limits On Amount of Recoverable Damages
Current as of: 2024 | Check for updates
|
Other versions
(a) Except as provided by Subsection (c) or a specific appropriation, state liability for indemnification under this chapter may not exceed:
(1) $100,000 to a single person indemnified and, if more than one person is indemnified, $300,000 for a single occurrence in the case of personal injury, death, or deprivation of a right, privilege, or immunity; and
(2) $10,000 for each single occurrence of damage to property.
(b) The state is not liable under this chapter to the extent that damages are recoverable under and are in excess of the deductible limits of:
(1) a contract of insurance; or
(2) a plan of self-insurance authorized by statute.
Terms Used In Texas Civil Practice and Remedies Code 104.003
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
(c) The limits on state liability provided by Subsection (a) do not apply if the state liability is based on § 104.002(b).
(d) For the purposes of this section, a claim arises out of a single occurrence, if the claim arises from a common nucleus of operative facts, regardless of the number of claimants or the number of separate acts or omissions.