In Texas, a claim against a governmental unit generally requires written notice within six months of the incident under Civil Practice and Remedies Code Section 101.101, and many city charters shorten that window. Notice is jurisdictional: miss it and the case can be dismissed regardless of merit. Damage caps also apply.
Six Months Is the Statewide Floor, Not a Safe Target
The Texas Tort Claims Act sets a six-month written notice deadline for claims against a governmental unit, measured from the day the incident happened. That is Section 101.101 of the Civil Practice and Remedies Code, and it applies statewide to the units the Act covers.
Six months is a floor for the state rule, not a promise about your case. It runs from the incident, not from the day you finished treatment, not from the day you learned who owned the vehicle, and not from the day an adjuster stopped returning calls.
This page is general legal information about how these deadlines work anywhere in Texas. It is not about any particular entity, and it is not a suggestion that any specific claim exists.
A Local Charter Can Shorten the Deadline
Home-rule cities in Texas write their own charters, and a charter may impose a notice period shorter than the state’s six months. Where a valid charter provision applies, it controls, and the shorter period is the one that matters.
Some charters go further than shortening the clock. They may require notice to be delivered to a named officer rather than to any employee, require specific content, or require a waiting period between notice and filing suit. Each of those is a separate way to lose an otherwise good claim.
Charter language also changes over time, and cities routinely caution that the copy posted online is not the official version. Anyone relying on a charter deadline should confirm the current, official text rather than a web page.
What ‘Jurisdictional’ Actually Means Here
Notice under the Act is jurisdictional. In plain terms, it is not a technicality a court can forgive because the injury was serious or because the deadline was missed by a few days. Without timely notice, the court does not reach the merits at all.
There is no insurance-adjuster workaround either. Talking to a risk manager, filing an online form, or receiving a claim number does not by itself satisfy a statutory notice requirement. Neither does a lawyer’s demand letter that arrives after the deadline.
Courts have recognized a narrow situation where a governmental unit’s actual notice of the injury can substitute for formal written notice, but it is fact-intensive and turns on what the entity actually knew about its own alleged fault. It is not something to plan around.
What the Notice Has to Contain
The Act asks for a written notice that reasonably describes the damage or injury claimed, the time and place of the incident, and the incident itself. Short, specific and dated beats long and vague.
Practical points that cost people claims: send it in writing, keep proof of delivery and the date, address it to the officer the entity designates, and describe the injury broadly enough to cover conditions diagnosed later.
Also identify the correct entity. Local government in Texas is a layered system — cities, counties, school districts, transit authorities, hospital districts, and various special districts, each a separate legal body with its own designated official.
- Put it in writing and keep dated proof of delivery.
- Describe the injury, the date, the location and what happened.
- Send it to the officer designated by that entity, not to a general inbox.
- Do not assume an incident report, a claim number or a phone call counts as notice.
The Damage Caps Are Lower Than People Expect
Even a timely, well-documented claim runs into statutory limits. Under Section 101.023, municipalities are capped at $250,000 per person and $500,000 per single occurrence for bodily injury or death. Counties and other units of local government are capped at $100,000 per person and $300,000 per occurrence.
Those caps sit on top of a limited waiver of immunity. Governmental units are not liable for everything a private defendant would be liable for; the Act waives immunity only in defined categories, and whether a set of facts fits inside one of them is a threshold legal question rather than a damages question.
The gap between what a case is worth and what a cap allows is exactly why identifying every non-governmental party matters. A private contractor, an employer, another motorist or a product manufacturer is not covered by these caps.
Type of governmental unit
Per person
Per single occurrence
Municipality
$250,000
$500,000
County or other unit of local government
$100,000
$300,000
Bodily injury and death limits under Texas Civil Practice and Remedies Code §101.023.
Two Clocks Run at the Same Time
Notice does not replace the statute of limitations. Texas still gives you two years from the date of injury to file suit, and two years from the date of death for a wrongful death claim. Giving notice on time and then missing the two-year deadline ends the case just as completely.
Practically, that means the government-claim timeline is front-loaded. The evidence work, the entity identification and the notice all have to happen in the first months, while an ordinary claim against a private driver can breathe a little longer.
If you were injured and a government vehicle, employee or property may have been involved, the sensible move is to get the deadline analysis done early. Jim Ross Law Group offers a free consultation at 817-275-4100, and there is no fee unless we win.
Frequently Asked Questions
How long do I have to notify a Texas government entity that I was injured?
Generally six months from the date of the incident under Section 101.101 of the Civil Practice and Remedies Code. A home-rule city charter can require notice sooner, and where it validly applies the shorter period governs. Because the two deadlines can differ, the notice question should be answered in the first weeks, not later.
What happens if I miss the notice deadline?
The claim can be dismissed without any look at whether the government was at fault. Notice under the Texas Tort Claims Act is jurisdictional, which means a court generally cannot excuse a late notice because the injuries were severe or the delay was short. It is the single most unforgiving deadline in Texas injury law.
Does the six-month notice deadline replace the two-year statute of limitations?
No. They run at the same time and you have to satisfy both. Notice is due within six months, or sooner under a shorter charter provision, and suit still has to be filed within two years of the injury under Section 16.003. Meeting one and missing the other still ends the claim.
How much can be recovered from a Texas governmental unit?
Section 101.023 caps bodily injury and death recoveries at $250,000 per person and $500,000 per occurrence against a municipality, and $100,000 per person and $300,000 per occurrence against a county or other unit of local government. Claims against private parties arising from the same incident are not subject to these caps.
Do these rules apply to school districts, hospital districts and transit authorities?
The Act’s definition of a governmental unit reaches many local bodies beyond cities and counties, but the scope of the waiver and the applicable cap can differ by entity type. Identifying the correct entity, its designated official and its deadline is the first task in any claim of this kind.
Who do I actually send the notice to?
To the official that entity designates to receive claims, which is often a secretary, clerk or risk management office rather than the department involved. Sending it to the employee, department or insurance adjuster you have been dealing with does not necessarily satisfy the requirement. Keep dated proof of delivery.
Can a lawyer send the notice for me?
Yes, and that is common. What matters is that the notice is in writing, timely, delivered to the right official and specific enough to describe the injury, the time, the place and the incident. Involving a lawyer early mostly buys time to identify the correct entity before the clock runs.
What if the entity already knew about the accident because its own employee was there?
Texas courts have recognized a limited actual-notice concept, but it turns on what the entity subjectively knew about its alleged fault and the connection to the injury, not merely that an incident occurred. It is a fallback argument, not a substitute for sending timely written notice.
This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee or predict a similar outcome in any future case. Jim Ross Law Group, P.C., 2201 E Lamar Blvd #110, Arlington, TX 76006.