Legislation Details

File #: 26-0676    Version: 1 Name:
Type: Policy Status: Passed
File created: 1/15/2026 In control: Commissioners Court
On agenda: 2/12/2026 Final action: 2/12/2026
Title: 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.

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):

title

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.

end

 

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 claims to be submitted directly to Risk Management, rather than the County Clerk’s Office. In addition, new claims would not be transmitted to Commissioners Court initially, but rather submitted after Risk Management’s investigation is complete, along with its recommendation for payment or denial. Finally, it is recommended that Risk Management collaborate with Universal Services to explore and, if feasible, establish an electronic claims submission process.

 

Risk Management has received concurrence from the County Clerk’s Office on these recommended changes, and if approved, Risk Management will work with them on transitioning the claims submission process.

 

Expected Impact:

By implementing the recommended changes, claims will be processed more efficiently and promptly.

 

Alternative Options:

Harris County could continue the current process, which is less efficient than the recommended process.

 

County Strategic Plan Goal:  N/A

County Strategic Plan Objective: N/A

Justice/Safety Initiative (Goal 1):  N/A

Infrastructure Initiative (Goal 2):  N/A

Economy Initiative (Goal 3): N/A

Health Initiative (Goal 4): N/A

Climate/Resilience Initiative (Goal 5): N/A

Housing Initiative (Goal 6): N/A

 

Additional notes related to the Strategic Plan:

 

Prior Court Action (if any):

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Precinct(s): Countywide

 

Fiscal and Personnel Summary

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Risk Management

 

 

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Personnel (Fill out section only if requesting new Position Control Numbers (PCN)s)

 

Current Position Count for Service

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County Attorney’s Office Legal Review (for Harris County Code Items only)

CAO Reviewer Name and Title

 

CAO Review Completion Date

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Anticipated Court Date: 2/12/2026

Anticipated Implementation Date (if different from Court date): 3/1/2026

 

Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item

 

Contact(s) name, title, department: Shain Carrizal, Deputy Executive Director of Risk Management, Office of Management and Budget

 

Attachments (if applicable): N/A