In addition to the powers enumerated in or implied by this charter,
the city shall have and may exercise all powers of local self-government
and all other powers, rights, privileges, and immunities, under the
constitution and laws of the State of Texas.
(November 2, 2021, measure F)
In order to preserve a claim under the Texas Tort Claims Act,
Chapter 101, Texas Civil Practice and Remedies Code, notice of personal
injury, death, or property damages must be mailed by certified mail,
return receipt requested, to the city manager within ninety days of
the date that the incident giving rise to the claim occurred. The
notice must:
(1)
describe
the damage or injury claimed;
(2)
state
the time, date, and place of the incident;
(3)
describe
the incident in reasonable detail;
(4)
state
the city’s alleged fault producing or contributing to the injury
or damage; and
(5)
identify
all parties involved in the claim.
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This ninety-day notice is not required if the city has actual
notice of all elements of the claim, including knowledge of fault
and knowledge of the injury or damage. In addition, the city may,
by majority vote of its city council, waive the ninety-day notice
requirement for good cause. Any claim against the city is subject
to the limitations of the Texas Tort Claims Act.
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