Tex. Civ. Prac. & Rem. Code § 101.021 : CIVIL PRACTICE AND REMEDIES CODE — GOVERNMENTAL LIABILITY — TORT CLAIMS — TORT LIABILITY OF GOVERNMENTAL UNITS — Governmental Liability TEXT PDF A governmental unit in the state is liable for: (1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if: (A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and (B) the employee would be personally liable to the claimant according to Texas law; and (2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law. Tex. Civ. Prac. and Rem. Code § 101.021 Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. 9/1/1985.