Primary Department: Management and Budget
Primary Department Head/Elected Official: Daniel Ramos
Secondary Department: N/A
Secondary Department Head/Elected Official: N/A
Regular or Supplemental RCA: Regular RCA
Type of Request: Policy
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): NA
MWBE Contracted Goal (if applicable): N/A
MWBE Current Participation (if applicable): N/A
Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
Grant Indirect Costs Rate (if applicable): N/A
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
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Request for approval to change the process for submitting a notice of a tort claim against Harris County under Chapter 101 of the Civil Practice and Remedies Code.
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Background and Discussion:
Chapter 101 of the Civil Practice and Remedies Code, commonly referred to as the Texas Tort Claims Act, specifies the various conditions under which a county is liable for property damage, personal injury, and death resulting from a wrongful act, omission, or negligence of an employee acting within the scope of their employment, as well as the limits of liability. The statute describes the procedure for submitting a claim as follows:
Sec. 101.101. NOTICE. (a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:
(1) the damage or injury claimed;
(2) the time and place of the incident; and
(3) the incident.
Harris County's current process requires claimants to submit physical claims to the County Clerk's Office. Risk Management then picks up the claims from the Clerk's Office and initially transmits them to Commissioners Court.
To streamline the process, it is recommended that the procedure be changed to allow claim...
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