If you are injured by a government employee, harmed by unsafe public property, or wronged by a city or school district, you may assume you can file a lawsuit like any other case.
In Texas, that assumption can cost you everything.
Before most lawsuits against government entities can proceed, the injured person must first comply with strict “notice of claim”rules. Missing this step often results in automatic dismissal—no matter how strong the underlying case may be.
This article explains how notice requirements work under Texas law and why they are so important.
What Is “Notice of Claim” Under Texas Law?
Texas law limits when and how people can sue government entities. These limits are mainly found in the Texas Tort Claims Act.
Under Texas Civil Practice & Remedies Code § 101.101(a):
“A governmental unit is entitled to receive notice of a claim… not later than six months after the day that 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
- The incident itself
In simple terms: before you sue, you must formally notify the government agency about what happened.
Which Government Entities Are Covered?
Notice rules generally apply when suing:
- Cities and towns
- Counties
- School districts
- Public universities
- State agencies
- Hospital districts
- Other political subdivisions
Private companies that contract with the government usually do not qualify for these protections.
The Default Deadline: Six Months
Under the statute, the standard deadline is:
6 months from the date of the incident
This applies unless the local government has adopted a shorter deadline.
Many cities and school districts reduce this to 90 daysor less through local ordinances or policies.
Missing these shorter deadlines is one of the most common fatal mistakes in Texas injury and civil cases involving public entities.
Shorter Local Deadlines Can Apply
Texas Civil Practice & Remedies Code § 101.101(b) allows local governments to adopt stricter rules:
“A city’s charter and ordinance provisions requiring notice… are ratified and approved.”
Examples include:
- 45 days
- 60 days
- 90 days
These rules are usually buried in city charters or municipal codes and are easy to overlook.
An experienced attorney will check these rules immediately after being hired.
What If the Government Already Knew About the Incident?
Texas law provides a limited exception called “actual notice.”
Under § 101.101(c), formal notice is not required if the government already had actual notice of:
- The injury
- Its alleged fault
- The claimant’s identity
Courts interpret this narrowly.
A police report, internal memo, or incident report does notautomatically satisfy this requirement. The government must know that it may be legally responsible.
Relying on “actual notice” is risky and often unsuccessful.
What Must the Notice Include?
A proper notice of claim should include:
- Claimant’s full name and contact information
- Date and location of the incident
- Description of what happened
- Description of injuries or damages
- Explanation of why the government is at fault
- Supporting documents (when available)
Vague or incomplete notices may be rejected.
How Must Notice Be Delivered?
Delivery methods depend on the entity involved, but commonly include:
- Certified mail
- Personal delivery
- Delivery to city secretary, clerk, or risk department
- Online portals (in some jurisdictions)
Sending notice to the wrong department may not count.
Proof of delivery is critical.
What Types of Claims Require Notice?
Notice is most common in:
1. Personal Injury Claims
- Car accidents with city vehicles
- Slip-and-fall on public property
- Unsafe sidewalks or buildings
2. Property Damage Claims
- Flooding caused by drainage systems
- Utility damage
- Road construction damage
3. Employment Claims
Some employment-related claims against public employers may involve notice requirements depending on the statute involved.
4. Civil Rights and Federal Claims
Federal civil rights claims under 42 U.S.C. § 1983 generally do not require Texas notice, but state-law claims in the same case often do.
This creates complicated overlap issues.
What Happens If You Miss the Deadline?
If proper notice is not given on time:
- The court will likely dismiss the case
- The dismissal is usually permanent
- The claim cannot be revived
Courts strictly enforce these rules.
Equitable excuses are rarely accepted.
Why Texas Enforces These Rules So Strictly
The stated purpose of notice requirements is to allow government entities to:
- Investigate quickly
- Preserve evidence
- Evaluate liability
- Budget for potential claims
- Attempt early settlement
Whether fair or not, courts treat these rules as mandatory.
Practical Example
Suppose you are injured when a city-owned truck hits your car.
If you:
- Wait eight months to hire a lawyer, and
- No notice was sent earlier,
Your case may already be legally dead—even if the city driver was clearly at fault.
When Should You Speak With a Lawyer?
You should speak with a Texas attorney immediately if:
- A government employee was involved
- The incident occurred on public property
- A public school or hospital was involved
- A city or county department caused the damage
Early legal review protects your rights before deadlines expire.
Final Thoughts
Suing a government entity in Texas is not like suing a private business.
Strict notice-of-claim rules apply, and missing them often ends the case before it begins.
If you believe a city, county, school district, or state agency caused your injury or loss, do not delay. Early legal guidance can preserve your ability to recover compensation.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
