Family Law · Litigation Collections · Subrogation Products Liability · Estate Litigation · Estate Planning

Frequently Asked Questions

read more

Prosecuting Claims Against Governmental Entities Under the Texas Tort Claims Act

Abilene
Amarillo
Austin
Conroe
Corpus Christi
Dallas
Denton
El Paso
Ft. Worth
Houston
Irving
Odessa
Plano
San Antonio
San Marco
Sherman
Texarkana
Waco
Wichita Falls

ABILENE CITY ORDINANCE

Sec. 125. Notice of injury or damage.
The city shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, shall file a notice in writing with the city secretary within six (6) months after the same has occurred, stating specifically in such notice when, where and how the exact injury occurred, the full extent of the injury, the amount of damages claimed or asserted, and a list of persons, if known, who witnessed the injury. The city shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the city secretary within six (6) months after said damage or injury occurred, stating specifically when, where and how the injury was sustained. The person giving notice under this section shall subscribe his name to the notice under oath that the statements and facts contained in said notice are true and correct.
(Ord. No. 10-1997, Pt. 3(h), 2-27-97; Ref. of 5-3-97)

Jo Moore, TRMC, CMC Debbie Hurley
City Secretary Secretary II
P. O. Box 60 P. O. Box 60
Abilene, TX 79604 Abilene, TX 79604
915-676-6202 915-676-6208
915-676-6229 (fax) 915-676-6229(fax)
moorej@abilenetx.com
hurleyd@abilenetx.com

Sec. 2-4-7. Claims for injury, damage; written notice.

Any person who claims injury or damage to his person or property shall give notice in writing to the City Manager of such injury or damage within thirty (30) days from its inception. The written notice shall state when, where and how the damage occurred, the apparent extent of such injury, the amount of damage sustained, the location of the occurrence by Street and number, and the names and addresses of all witnesses upon whom the claimant expects to rely to establish the claim for such damage or injury.
(Code 1960, § 1-12; Ord. No. 5569, § 1, 2-25-86)

State law references: Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code § 101.001 et seq.

City Manager
509 S.E. Seventh Avenue
P.O. Box 1971
Amarillo, Texas 79105-1971
(806) 378-3000 Voice
(806) 378-9388 Fax

Article XII - § 3

Before the City of Austin shall be liable for damages for the death or personal injuries of any person or for damage to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, Section 17, Constitution of Texas, the person injured, if living, or his or her representatives, if dead, or the owner of the damaged or destroyed, shall give the city council or city manager notice in writing of such death, property, damage or destruction, duly verified by affidavit, within forty-five (45) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction, occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages; and the failure to so notify the council or city manager within the time and manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever. No act of any officer or employee of the city shall waive compliance, or estop the city from requiring compliance, with the provisions of this section as to notice, but such provisions may be waived by resolution of the council, made and passed before the expiration of the forty-five-day period herein provided, and evidenced by minutes of the council.
Annotation:
Section 3 is constitutional. Helly v. City of Austin, 268 S.W.2d 777 (Ct. Civ. App. 1954); the notice of claim provisions of section 3 is inapplicable to workmen's compensation claims. City of Austin v. Powell, 321 S.W.2d 924 (Ct. Civ. App. 1959); City of Austin v. Clendennen, 323 S.W.2d 158 (Ct. Civ. App. 1959). Only substantial compliance is required so that at a trial there may be some variance between the notice and the true facts. City of Austin v. Selter, 415 S.W.2d 489 (Ct. Civ. App. 1969)
Toby Hammett Futrell, City Manager
Physical Address: Mailing Address:
Municipal Building P.O. Box 1088
124 West 8th Street, #103 Austin, TX 78767
Austin, Texas 78701

City of Austin City Council
P.O. Box 1088
Austin, Texas 78767-8865

back to top

CONROE CITY ORDINANCES

Sec. 2-2. Actions against city.

(a) The City of Conroe shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within one hundred eighty (180) days or within six (6) months for good cause shown from the date the damage or injury was received, give notice in writing to the mayor and city council of the following facts:
(1) The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received.
(2) The nature of the damage or injury sustained.
(3) The apparent extent of the damage or injury sustained.
(4) A specific and detailed statement of how and under what circumstances the damage or injury occurred.
(5) The amount for which each claimant will settle.
(6) The actual place of residence of each claimant by street, number, city and state on the date the claim is presented.
(7) In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed.
(8) In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.
(b) No suit of any nature whatsoever shall be instituted or maintained against the City of Conroe unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, satisfaction, compensation, or relief, as the case may be, and that was by vote of the city council refused.
(c) All notices required by this section shall be effectuated by serving them upon the city secretary, city clerk or city manager at the following location:
City Hall
300 West Davis
Conroe, Texas 77301
and all such notices shall be effective only when actually received in the office of the person named above.
(d) Neither the mayor, a city council member, nor any other office or employee of the city shall have the authority to waive any of the provisions of this section.
(e) The written notice required under this section shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein.

back to top

CORPUS CHRISTI CITY ORDINANCE

Sec. 17-12. Same--Notice to mayor and city council; city not liable for injuries, damages, etc., upon failure to give notice.

Before the city shall be liable for damages for the death or personal injuries of any person or for damage to or destruction of property of any kind, which do not constitute a taking or damaging of property under Article I, Section 17, Constitution of Texas, the person injured, if living, or his representatives, if dead, or the owner of the property damaged or destroyed, shall give the mayor or city council notice in writing of such death, injury, damage or destruction, within one hundred eighty (180) days after the occurrences not subject to the Texas Tort Claims Act, stating specifically in such written notice when, how and where the death, injury, damage or destruction occurred and the apparent extent of any such injury, the amount of damages sustained, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages; and the failure to so notify the mayor or city council within the time and manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever. No act of any officer or employee of the city shall waive compliance, or stop the city from requiring compliance with the provisions of this section as to notice, but such provisions may be waived by resolution of the council made and passed before the expiration of the one-hundred-eighty-day period herein provided or period allowed by the Texas Tort Claims Act and evidenced by minutes of the council.
(1966 Supp., § 2-4.1; Ord. No. 16025, § 1, 2-11-81; Ord. No. 16455, § 1, 8-12-81)
State law references: Required notice in death or personal injury cases, V.A.C.S. art. 6252--19.
Corpus Christi Mayor or City Counsel
1201 Leopard St.
Corpus Christ, Texas 78401
(361) 880-3100

back to top

DALLAS CITY ORDINANCE
ARTICLE VIII-a. CLAIMS AGAINST THE CITY.

SEC. 2-81. FILING CLAIMS AGAINST THE CITY.
Any person wishing to file a claim against the city shall file the claim with the department of human resources in compliance with the form requirements and six-month notice requirements set forth in Sections 1, 2, and 3, Chapter XXIII of the city charter. (Ord. 21674; 22026)
Sec. 2-84 - No need for prior city counsel approval to pay claims up to $5,000 for personal injury or $10,000 for property damage.

Dallas City Charter

CHAPTER XXIII. CLAIMS FOR DAMAGE OR INJURY
(Renumbered by Amend. of 6-12-73, Prop. No. 43)

SEC. 1. NOTICE REQUIRED -- PERSONAL INJURY.

The City of Dallas may never be liable for any personal injury, whether resulting in death or not, unless the person injured, or someone on the person's behalf, or if the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, files a notice in writing with the city, at a location to be designated by ordinance, within six months after the injury was received. The notice must specifically state:

(1) when, where, and how the exact injury occurred;
(2) the full extent of the injury; and
(3) the amount of damages claimed or asserted.
(Amend. of 6-12-73, Prop. No. 41; Amend. of 5-1-93, Prop. No. 9)

SEC. 2. NOTICE REQUIRED--INJURY TO PERSONAL OR REAL PROPERTY.

The City of Dallas may never be liable for any claims for damages or injury to real or personal property caused by the negligent act or omission of its officers, servants, or employees, unless the person whose property has been injured or damaged, or someone on that person's behalf, files a claim in writing with the city, at a location to be designated by ordinance, within six months after the damage or injury occurred. The notice must specifically state:

(1) when, where, and how the exact injury or damage occurred;
(2) the full extent of the injury or damage; and
(3) the amount of damages claimed or asserted.
(Amend. of 6-12-73, Prop. No. 41; Amend. of 5-1-93, Prop. No. 9)

SEC. 3. CLAIMS FOR INDEMNITY OR CONTRIBUTION.

The city may not be liable for claims for contribution or indemnity, unless the person asserting the claim gives notice, in writing, to the city, at a location to be designated by ordinance, within six months after the occurrence that is the basis for the claim. The notice must specifically state:

(1) that the claim is for contribution or indemnity;
(2) a description of the parties involved;
(3) when, where, and how the exact injury, death, or property
damage occurred;
(4) the full extent of the injury, death, or property damage; and

Department of Human Resources Director
Sharon De La Garza
Dallas City Hall
1500 Marilla Street, Room 6A South
Dallas, TX 75201-6390
Phone: (214) 670-5457
Fax: (214) 670-3764

City Attorney
Madeleine B. Johnson
Dallas City Hall
1500 Marilla Street, Room 7C North
Dallas, TX 75201-6390
Phone: (214) 670-3491
Fax: (214) 670-0622

Sec. 1.06. Liabilities, exemptions and limitations.

(a) No property belonging to the city shall be subject to any execution of any kind or nature.
(b) No fund belonging to the city shall be subject to garnishment, attachment or sequestration, and the city shall never be required to answer in any garnishment proceedings.
(c) No assignment of wages or other compensation earned, or to be earned, by any employee of the city shall be valid and the city shall never be required to recognize any such assignment or to answer in any proceeding thereon.
(d) The City of Denton shall never be liable for death or personal injury of a person or for property damages of any kind unless within ninety (90) days after the occurrence causing the damage, death, injury, or destruction a notice in writing by or on behalf of the person injured or claiming damages, if living, or the person's representative, if dead, or the owners of the property injured or destroyed is delivered to the city manager stating specifically and accurately in complete detail when, where, and how the exact death, injury, destruction, or damages occurred, the full extent of the injury, the basis of the claim, and the amount of damages claimed or asserted. This notice shall also include the residence of the claimant by street number on the date the claim is presented, the residence of the claimant for six (6) months immediately preceding the occurrence of the death, injury, or destruction, and the names and addresses of all witnesses that are known at the time upon who it is relied to establish the claim for damages; provided, however, nothing in this subsection shall be construed to affect or repeal the provision in subsection (e) of this section relating to the liability of the city for damages on account of injuries received on the public streets, highways, alleys, grounds, public works, and public places of the city.
(e) The City of Denton shall never be liable for personal injury or property damages resulting from any defect in any public street, highway, alley, grounds or public work of the city unless the specific defect causing the injury or damage shall have been known to the city manager from personal inspection or written notice thereof for a period of at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence shall not have been used to rectify the defect after such inspection or notice. Such notice shall be required whether the defect arose from any act or omission of the city itself through its agent or employee, or otherwise.
(f) No provision of this section shall ever be so construed as to expand the ordinary liability of the city.
(Ord. No. 99-057, Amend. No. 3, 2-16-99, ratified 5-1-99)

Mike Conduff
City Hall
215 E. McKinney
Denton, TX 76201
(940) 349-8306 - main
(940) 349-8596 - fax

back to top

EL PASO MUNICIPAL CODE
3.28.010 Property damage and personal injury suits--Notification--Information required.
The city shall not be liable to any person for injuries suffered to his person or the person of another unless the injured person, or someone on his behalf, shall within ninety days or within six months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor of the following facts:

A. The date and time when the damage or injury occurred and the place where the damage occurred or where the injured person was at the time the injury was received;

B. The nature and extent of the damage or injury together with a specific and detailed statement of how and under what circumstances the injury occurred;

C. The names of all the persons who according to the knowledge or information of the claimant witnessed the happening of the damage or of the injury or any part thereof and the name of the doctors, if any, to whose care the injured person is committed. (Ord. 11309 § 1, 1993: prior code § 2-1 (part))

Mayor of El Paso
City of El Paso
2 Civic Center Plaza
El Paso, Texas 79901

Before the City of Fort Worth shall become liable for damages for death, personal injury or damage to property, the person injured or the owner of the property damaged, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death, shall file with the city council written notice of such death, injury, or damage within one hundred eighty (180) days after the same has been sustained, unless good cause is shown for the claimant's failure to file the notice before the expiration of one hundred eighty (180) days. The written notice must reasonably describe the damage or injury claimed, the date and location of the injury or damage, how the injury or damage occurred, the amount of damages, the amount for which the claimant will settle, the residence address of the claimant, the names and addresses of all witnesses upon whom the claimant relies to establish his claim, and, if such notice is not filed within one hundred eighty (180) days, the circumstances establishing good cause for such failure to file. The notice requirements provided by this section do not apply if the City of Fort Worth has actual notice within one hundred eighty (180) days that the death or injury has occurred or that the property has been damaged.

(Ord. No. 10272, § I(IX), 3-16-89, approved 5-6-89)

Ft. Worth City Council
1000 Throckmorton St.
Ft. Worth, TX 76102
GEORGETOWN CITY ORDINANCE

Sec. 9.07. Notice of claims.
Before the City of Georgetown shall be liable for damages for the death or personal injuries of any person or for damage to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, Section 17, Constitution of Texas, the person injured, if living; or, if dead, the person's representative; or the owner of the property damaged or destroyed shall give the City Council or City Manager notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within six (6) months after same has been sustained, stating specifically in such written notice when, where and how the death or injury was sustained; the amount of damage sustained to property, and the actual residence of the claimant by street and number at the date the claim is presented; the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages; and the failure to so notify the Council or City Manager within the time and manner specified herein shall exonerate, excuse and exempt the City from any liability whatsoever. No act of any officer or employee of the City shall waive compliance, or estop the City from requiring compliance, with the provisions of this section as to notice, but such provisions may be waived by resolution of the Council, made and passed before the expiration of the six-month period herein provided, and evidenced by minutes of the Council.
(Ord. No. 86-12, Amend. No. 31, 2-25-86)

City Counsel or City Manager
113 E. 8th St.
Georgetown, Texas 78626

Section 11. Notice of Claim for Damages.

Before the City of Houston shall be liable for damages for personal injuries of any kind, or for injuries to or destruction of property of any kind, the person injured, or the owner of the property injured or destroyed, or some one in his behalf, shall give the Mayor and City Council notice in writing of such injury or destruction, duly verified, within ninety days after the same has been sustained, stating in such written notice when, where and how the injury or destruction occurred, and the apparent extent thereof, the amount of damage sustained, the amount for which claimant will settle, the actual residence of the claimant by street and number at the date the claim is presented, and the actual residence of such claimant for six months immediately preceding the occurrence of such injuries or destruction, and the names and addresses of the witnesses upon whom he relies to establish his claim, and a failure to so notify the Mayor and City Council within the time and manner specified herein shall exonerate, excuse and exempt the City from any liability whatsoever, provided that nothing herein shall be construed to effect or repeal Section 12 of Article IX of this Charter. (Act of 1905; amended October 15, 1913)

Mayor Lee P. Brown
City of Houston
P.O. Box 1562
Houston, TX 77251
(713) 247-2200

Houston City Council
900 Bagby
City Hall Annex
First Floor
Houston, TX 77002

IRVING CITY ORDINANCES

Sec. 8. Liability for negligence.
(a) Before the City of Irving shall be liable for damages for personal injuries of any kind or for injuries to or destruction or damage to property of any kind, the person injured or the owner of the property so injured, damaged, or destroyed or someone in his behalf, shall give the mayor and city council notice in writing of such injury, damage or destruction, not later than six (6) months after the same has been sustained, stating in such written notice when, where and how the injury, damage or destruction occurred, the apparent extent thereof, the amount of damage sustained, the amount for which the claimant will settle, the street and residence number of the claimant at the time and date the claim was presented and the actual residence of such claimant for the six months immediately preceding the occurrence of such injuries, damage or destruction, and the names and addresses of the witnesses upon whom he relies to establish his claim; and a failure so to notify the mayor and city council within the time and manner provided herein shall exonerate, excuse and except the city from any liability whatsoever.
(b) Neither the mayor, any city councilperson, the city manager, city secretary, city attorney nor any other officer or employee of the City of Irving or any employee of any firm, corporation or association employed by the City of Irving shall have authority to waive any provision of this section; however, the city council by five (5) or more affirmative votes may waive the six (6) months notice provision requirement.
(Ord. No. 889; Ord. No. 5567, § 3, 1-23-89)

Mayor or City Counsel
825 W. Irving Blvd.
Irving, TX 75060
(972) 721-2410

Mail:
P.O. Box 152288
Irving, TX 75015-2288

back to top

ODESSA CITY ORDINANCE

Sec. 12. Liability for negligence.
(a) The City of Odessa shall not be liable to any person for damages caused from streets, ways, crossings, bridges, culverts or sidewalks being out of repair because of negligence of said corporation unless the same shall have remained so for ten days after special notice in writing is given to the mayor and city council.
(b) The City of Odessa shall not be liable to any person for damages sustained in any park, playground or public building belonging to said city or because of any apparatus, furnishings, fixtures or improvements thereon or thereupon situated being defective or out of repair unless the same shall have remained so for ten days after special notice in writing is given to the mayor and city council.
(c) Before the City of Odessa shall be liable for damages for personal injuries of any kind or for injuries to or destruction or damage to property of any kind, the person injured or the owner of the property so injured, damaged or destroyed, or someone in his behalf, shall give the mayor and city council notice in writing of such injury, damage or destruction, duly verified, within sixty days after the same has been sustained, stating in such written notice when, where and how the injury, damage or destruction occurred, the apparent extent thereof, the amount for which the claimant will settle, the street and residence number of the claimant at the time and date claim was presented and the actual residence of such claimant for the six months immediately preceding the occurrence of such injuries, damage or destruction, and the names and addresses of the witnesses upon whom he relies to establish his claim; and a failure to so notify the mayor and city council within the time and manner provided therein shall exonerate, excuse and exempt the city from any liability whatsoever.
(d) Civil process may be served on the city secretary or mayor.
(Char. art. III, § 8; Ord. No. 97-19, § 2, 5-6-97)

Odessa City Hall
411 W 8th St
Odessa, TX 79761-4422
(915) 335-3200

back to top

PLANO CITY ORDINANCE

Sec. 11.06. Special provisions governing damage suits.
Before the city shall be liable to damage claim or suit for personal injury, or damage to property, the person who is injured or whose property is damaged or someone in his behalf shall give the city manager, or the person performing the duties of city secretary, notice in writing within six (6) months after the occurrence of the alleged injury, or damage, stating specifically in such notice when, where and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible. No action at law for damages shall be brought against the city for personal injury or damage to property prior to the expiration of thirty (30) days after the notice hereinbefore described has been filed with the city manager or the person performing the duties of city secretary, not later than two (2) years after the occurrence of the injury or damage to property. In case of injuries resulting in death, before the city shall be liable in damages therefor the person or persons claiming such damages shall after the death of the injured person give notice as above required in case of personal injury. Provided, however, that nothing herein contained shall be construed to mean that the City of Plano waives any rights, privileges, defenses or immunities in tort actions which are provided under the common law, the constitution and general laws of the State of Texas.
(Res. No. 93-5-3(R), § 3, 5-3-93; ratified 5-1-93)

Thomas H. Muehlenbeck
City Manager
City of Plano
P.O. Box 860358
Plano, TX 75086-0358
Office (972)941-7121

Sec. 150. Liability of the city and limitations thereon.
Before the city shall be liable for damages for the death or personal injuries of any person or for damage to or destruction of property of any kind, the person injured, if living, or his representatives, if dead, or the owner of the property injured or destroyed, shall give the city manager or the city clerk notice in writing of such death, injury or destruction within ninety days after same has been sustained, stating in such written notice when, where and how the death, injury or destruction occurred, and the apparent extent of any such injury, and the amount of damages sustained; provided, however, that in no event shall the city be liable in damages to any one on account of any defect in, obstruction, on or anything else in connection with any sidewalk in the city. And provided, further, that in order to hold the city liable in damages to any one on account of any injury caused by any defect in, obstruction on, or anything else in connection with any street, alley or plaza, bridge, river bank, water course, or any public way, it must be shown that the city manager, a member of the council, or some person having superintendence or control of the work for the city had actual knowledge or actual notice of such defect, obstruction or other thing for a sufficient length of time before such injury was received, to have remedied or guarded against such condition of the street, alley or plaza before the injury was received.
Terry M. Brechtel, City Manager
City Hall Office
P.O. Box 839966
San Antonio, Texas 78283-3966
(210) 207-7080 - phone
(210) 207-4217 - fax

Sec. 12.06. Special provisions covering damage suits.
Before the city shall be liable to damage claim or suit for personal injury, or damage to property, the person who is injured or whose property is damaged or someone in that person's behalf shall give the city manager or the person performing the duties of city clerk, notice in writing within 90 days after the occurrence of the alleged injury, or damage, stating specifically in such notice when, where and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible. Provided however, that the ninety-day notice requirement of this section may be extended by a court of competent jurisdiction for good cause shown if the injured party has exercised due diligence, if any delay in giving the notice required by this section is not the result of conscious indifference by the party and if there is no substantial harm to the city caused by the delay. No action at law for damages shall be brought against the city for personal injury or damage to property prior to the expiration of 30 days after the notice hereinbefore described has been filed with the city manager or the person performing the duties of city clerk. In case of injuries resulting in death, before the city shall be liable in damages therefor the person or persons claiming such damages shall after the death of the injured person give notice as above required in case of personal injury. Provided, however, that nothing herein contained shall be construed to mean that the City of San Marcos waives any rights, privileges, defenses or immunities in tort actions which are provided under the common law, the constitution and general laws of the State of Texas.
(Res. No. 1977-7R, Prop. 1, 1-24-77/4-2-77; Ord. No. 1981-51, Prop. 9, 7-6-81/8-8-81; Ord. No. 1988-15, Prop. 18, 2-8-88/5-7-88; Ord. No. 2000-12, 2-14-00/5-6-00; Ord. of 8-12-02, § 1)

State law references: Tort claims, V.T.C.A., Civil Practice and Remedies Code, § 101.101 et seq.

City of San Marcos
630 East Hopkins
San Marcos, TX 78666
(512) 393-8000

Article X, Section 7. Notice of claim.
The city shall not be held liable on account of any claim for damages to any person or property unless the person making such complaint or claiming such damages shall, within sixty (60) days after the time at which it is claimed such damages were inflicted upon such person or property, file with the director of public records a written statement under oath, stating the nature and character of such damages or injuries, the extent of the same, the place where same happened, the circumstances under which same happened, and the conditions causing same, with a detailed statement of each item of damages, and the amount thereof, and if it be for personal injuries, giving a list of any witnesses known to affiant to have seen the accident.
City Clerk's Office
City of Sherman
P. O. Box 1106
Sherman, Texas 75091-1106
With a copy provided to:
City Attorney's Office
City of Sherman
P. O. Box 1106
Sherman, Texas 75091-1106
Fax Number: (903) 891-3601
Telephone Number: (903) 892-7305

back to top

TEXARKANA CITY ORDINANCE

Article XII, Sec. 4. Written notice of injury or damage.
Before the City of Texarkana, Texas, shall be liable for personal injuries or for property damages of any kind, the person injured or the owner of the property alleged to be damaged, or someone in their behalf, shall give the City Council notice in writing of such injury or damage within sixty (60) days after the same has been sustained, stating specifically in such notice when, where and how the injury or damage occurred and the extent thereof, giving the name and address of the person or describing generally the property alleged to be damaged, and the names and addresses of any person or persons, if any, witnessing the same, if the names or addresses of any such person or persons are known to person sustaining such injury or damage. No officer or employee of the City shall have authority to waive any of the provisions of this Section as to notice, but the same may be waived only by a resolution of the Council made and passed before the expiration of the period herein provided and evidenced by the Minutes of the Council.
State law references: City authority to fix rules and regulations governing its liability for damages, Vernon's Ann. Civ. St. art. 1175(6).

Annotation--For a case relating to the necessity of notice of property damage under a former Charter, see Texarkana v. Roberts, 27 S.W. (2d) 551 (1930).

Texarkana City Council
220 Texas Blvd.
Texarkana, TX 75504

back to top

WACO CITY ORDINANCE

Article XI, Section 7. Notice of claim.
The City of Waco shall not be held responsible on account of any claim for damages to any person or property unless the person making such complaint or claiming such damages shall, within thirty days after the time at which it is claimed such damages were inflicted upon such person or property, file with the City Secretary, a true statement under oath, as to the nature and character of such damages or injuries, the extent of the same, and the place where same happened, the circumstances under which happened, the conditions causing same, with a detailed statement of each item of damages and the amount thereof, and if it be for personal injuries, giving a list of the witnesses, if any known to affiants, who witnessed such accident.
State law references: Notice of claim, V.T.C.A., Civil Practice and Remedies Code § 101.101.

City Secretary's Office
1st Floor, City Hall
300 Austin Avenue
Waco, TX 76701
(254) 750-5750

back to top

Wichita Falls City Ordinance

Sec. 2-1091. Method of filing claims against the city.
(a) The city shall never be liable for damages of any kind for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured or someone in his behalf or, if the injury results in death, the person who may have a cause of action under the law because of such death or injury shall, within six months after the date the damage or injury occurred, give notice in writing to the city of the claim for damages, which notice shall state the following facts specifically and in detail:
(1) The date and time when the damage or injury occurred, and how and under what circumstances it occurred.
(2) The nature and extent of the damage or injury sustained.
(3) The amount of money damages sustained, and the amount for which the claimant will settle the claim.
(4) The actual residence of the claimant by street and number, city and state, on the date the claim is presented, and the actual residence of such claimant for six months immediately preceding the occurrence of such damage or injury.
(5) The names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the occurrence which caused the damage or injury.
(b) All notices required by this section shall be given to the city by delivering a copy to the city clerk in the Memorial Auditorium building in the city, and such notices shall be effective only when actually received in the office of the city clerk.
(c) The failure to notify the city of a claim within the time and in the manner specified in this section shall exonerate, excuse and exempt the city from any liability whatsoever because of such damages or injuries.
(Code 1966, § 2-8)

City Clerk's Office
Room 104
Memorial Auditorium
1300 Sixth Street
Wichita Falls, TX 76301