The State of Texas Legislature provides sovereign immunity for state organizations, including the University of Houston System and component universities. The University maintains a self-funded program, in which employees under the direct supervision of a University employee are covered while acting within the course and scope of their employment for the University.
Chapter 101 Sec. 101.021 of the Civil Practice and Remedies Code states that "a governmental unit in the state is liable for property damage, personal injury, and death proximately caused by the wrongful act or omission or negligence of an employee acting within his scope of employment, if...."
Liability of the state government under this chapter, however, is limited.
The primary reasons why, on rare occasions, the University purchases General Liability coverage include:
- Exposure is outside of the State of Texas
- Coverage is required by contract and the above immunity language will not be accepted
Accidents or incidents which create possible liability against the University must be reported promptly to your Campus Risk Management Contact. The Student/Visitor Incident Form should be completed by the student or visitor, and the Tort Liability Incident Report form should be completed by the department upon request by Risk Management. Types of incidents requiring reporting include:
- Injuries to non-University personnel occurring on University property
- Damage to property of others resulting from the actions of University personnel
- Any other situation that you feel may cause a claim to be filed against the University