Texas Laws You Need to Know

Texas Laws and Statutes That Matter for Your Case

The following is a curated collection of Texas statutes, regulations, and legal resources grouped by issue. These are the rules that affect car accident claims, personal injury lawsuits, employment disputes, and criminal matters in the state.

Know your rights. But get help from a qualified Texas attorney if you're facing a legal problem of your own.

Texas Car Accident Laws, Insurance, and Negligence Rules

Texas drivers have legal duties on the road, carry mandatory insurance, and fall under a fault-based tort system that governs how crash injury claims work. These are the statutes and rules that control what happens after a wreck. An experienced Texas car accident lawyer can help you understand how these rules apply to your specific situation.

  • Texas is a "Fault" State: Texas uses a fault-based system for auto insurance and personal injury recovery. The at-fault driver is responsible for compensating the injured party. This is the opposite of no-fault states like Florida and Michigan where your own insurance pays first regardless of who caused the crash.
  • Modified Comparative Negligence (§ 33.001): Texas follows modified comparative negligence under Tex. Civ. Prac. & Rem. Code § 33.001. Your compensation is reduced by whatever fault percentage gets assigned to you. On a $300,000 claim, 25% fault drops recovery to $225,000. Under § 33.012, if you're found 51% or more at fault, you recover nothing. The insurance adjuster's goal is to push your number past that line. (§ 33.001)
  • Minimum Auto Insurance (30/60/25): Texas requires $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage under Tex. Transp. Code § 601.072. Those limits haven't kept up with medical costs. A single ER visit with imaging runs $15,000 to $30,000. When the at-fault driver carries only the minimum, your attorney looks at UM/UIM on your own policy, stacked household coverage, commercial policies, and umbrella policies. (§ 601.072)
  • Uninsured/Underinsured Motorist (UM/UIM) Coverage: Insurers must offer UM/UIM coverage to every policyholder. You don't have to buy it, but you must reject it in writing. If you carry UM/UIM and the at-fault driver has no insurance or insufficient coverage, your own policy fills the gap. Stacking UM/UIM across multiple vehicles on a household policy can significantly increase available coverage. (Texas Department of Insurance)
  • Statute of Limitations for Personal Injury (§ 16.003): Two years from the crash date to file a personal injury or wrongful death lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. Miss this deadline and your claim is permanently barred. (§ 16.003)
  • Government Vehicle Notice of Claim (§ 101.101): If a TxDOT truck, city bus, county vehicle, or state trooper patrol car caused your crash, the Texas Tort Claims Act requires a formal Notice of Claim within six months. Some municipalities cut that to 45 or 60 days. Miss the notice deadline and your claim against the government entity is dead regardless of the evidence. (§ 101.101)
  • Crash Reporting Requirements (§ 550.001): Texas law requires you to stop, report, and render aid after any crash involving injury, death, or property damage over $1,000. Failure to comply carries criminal penalties. (§ 550.001)
  • Duty to Render Aid (§ 550.023): After a crash, drivers must provide reasonable assistance to injured parties, including arranging transportation to a medical facility. Leaving the scene of an injury crash is a criminal offense. (§ 550.023)
  • DUI / Intoxication Laws (Penal Code § 49.01): The blood-alcohol limit is .08% or higher. First offense is a Class B misdemeanor. Texas is a zero-tolerance state for drivers under 21. Any detectable alcohol in the system violates the law. DUI crashes that cause serious bodily injury or death carry felony charges. (Penal Code § 49.01)
  • Good Samaritan Law: Texas protects individuals who render emergency aid from civil liability, provided they act in good faith and without gross negligence. This protection encourages bystanders to assist at crash scenes without fear of being sued.
  • DMV Resources: Access vehicle registration, licensing, and accident reporting forms through the Texas DMV Online Portal.
  • TxDOT Crash Records: View crash reports, statistics, and driver safety data at the Texas Department of Transportation.
  • State Law Library: Self-help legal research including forms, court rules, and consumer information at the Texas State Law Library.

 

Our Texas accident lawyers are licensed and serve injury across the state
Texas tort reform and injury damages

Texas Tort Reform and Injury Claim Rules

Texas is a tort reform state. A number of provisions cap damages, define liability thresholds, and govern how civil injury claims proceed. These rules directly affect what you can recover after an accident.

  • Texas Tort Claims Act (§ 101.001): The Act provides a limited waiver of sovereign immunity, allowing individuals to file civil suits against government entities under specific conditions: motor vehicle accidents, premises defects, and injuries caused by use of tangible personal property. The government's liability is capped and the Act requires formal notice before filing suit. (§ 101.001)
  • Modified Comparative Negligence (§ 33.001): Texas bars recovery when the plaintiff's fault reaches 51% or more under § 33.012. Below 51%, compensation is reduced proportionally. This threshold is the central battleground in every Texas injury case. (§ 33.001)
  • Exemplary (Punitive) Damages (§ 41.008): Available when the defendant acted with gross negligence or willful misconduct. DUI truck drivers, carriers that falsified driver logs, companies that knowingly put unsafe vehicles on the road. Texas caps exemplary damages at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000. (§ 41.008)
  • Medical Malpractice Caps (§ 74.301): Non-economic damages in medical malpractice cases are capped at $250,000 per defendant healthcare provider and $500,000 total per incident. These caps do not apply to motor vehicle crash cases, premises liability, or other standard personal injury claims. (§ 74.301)
  • Wrongful Death Claims (§ 16.003(b)): Two-year statute of limitations from the date of death under Tex. Civ. Prac. & Rem. Code § 16.003(b). Surviving spouses, children, and parents can recover loss of companionship, loss of financial support, mental anguish, and funeral costs.
  • Texas Advance Directives Act (§ 166.001): Protects healthcare providers from tort liability when terminating life-sustaining treatment after an ethics committee determines continued care is medically inappropriate. Requires 10-day written notice to the patient or patient's representative before withdrawal. (§ 166.001)

To understand how tort reform affects your specific injury case, speak with a Texas personal injury attorney who can evaluate your claim.

Texas employment and labor law

Texas Employment Laws for Workers

Texas employment law defines the rules of the workplace. When state statutes exist alongside federal law, both apply. Workers should know these protections before a dispute arises.

  • Minimum Wage: Texas follows the federal minimum wage of $7.25 per hour under Tex. Labor Code § 62.051. Texas does not set its own rate above the federal floor. Tipped employees can be paid $2.13 per hour in base wages, provided tips bring total compensation to at least $7.25. If tips fall short, the employer must make up the difference. (Texas Workforce Commission)
  • Overtime: Federal FLSA protections apply. The Texas Payday Law defines a fixed seven-day work week. Overtime is calculated at one and a half times regular pay for hours exceeding 40 in a work week. (§ 62.051)
  • Texas Payday Law: All covered employees must be paid overtime wages unless a statutory exemption exists. Defines when and how employees must be paid, including final paycheck requirements. (Labor Code Chapter 61)
  • Right to Work: Texas is a right-to-work state. Employees can't be required to join a labor organization or denied work because of union membership. Public employees don't have the right to strike. (§ 101.001)
  • At-Will Employment: Texas is an at-will state. Employers can fire employees for any reason, good or bad, without advance notice. The exceptions: termination cannot violate FMLA protections, whistleblower protections, or protected class discrimination laws.
  • Anti-Discrimination (§ 451.001): Texas law prohibits employer discrimination based on a worker's past compensation claim history. These protections supplement federal FCRA protections. State law cannot reduce federal protections. (§ 451.001)
  • Texas Commission on Human Rights Act (§ 21.001): Protects employees against discrimination based on race, color, gender, religion, national origin, age, disability, and marital status. (§ 21.001)
  • Family Medical Leave (FMLA): Texas employers are subject to federal FMLA protections. Texas does not have supplemental state regulations outside of a sick foster child provision. Covered employers must provide up to 12 weeks of unpaid leave for qualifying medical and family reasons.
  • New Hire Reporting: Employers must report new hires and rehires within 20 calendar days under the Personal Responsibility and Work Opportunity Reconciliation Act and Texas Family Code.
  • Coverage Thresholds: Whether an employer is covered by specific employment statutes depends on employee count and other factors. See the Texas Workforce Commission threshold chart for details.

If you have questions about a workplace dispute, speak with a Texas employment attorney who can determine whether your employer violated state or federal law.

Texas criminal law statutes

Texas Criminal Laws You Should Know

Criminal Statutes: The Texas Penal Code governs crimes, criminal responsibility, and penalties ranging from misdemeanors to capital felonies. (Penal Code Title 2 / Culpability / Criminal Responsibility / Punishment)

Drug Laws: Recreational marijuana remains illegal in Texas. Possession of cannabis over 0.3% THC is a criminal offense. Penalties range from Class B misdemeanor (2 oz or less) to felony (over 4 oz or possession in a Drug-Free Zone). However, Texas expanded its Compassionate Use Program significantly in 2025 when Governor Abbott signed HB 46 into law. The program now covers chronic pain, PTSD, cancer, traumatic brain injury, Crohn's disease, terminal illness, and hospice care. THC limits were changed from 1% by weight to 10 mg per dose and 1 gram per package. Dispensing organizations expanded from 3 to 15 licenses. Smokable flower remains prohibited. (Health & Safety Code § 481 / Compassionate Use Act, Occupations Code § 169)

DUI / Intoxication Offenses: BAC limit of .08% or higher. Zero tolerance for drivers under 21. First offense is a Class B misdemeanor. Intoxication assault causing serious bodily injury is a third-degree felony. Intoxication manslaughter is a second-degree felony. (Penal Code § 49.01)

If you're facing criminal charges in Texas, speak with a criminal defense attorney immediately to protect your rights.

Texas Government and Legal Resources

Official state court, legislative, and regulatory resources for legal research in Texas.

 

State laws are always subject to change. Consult a licensed Texas attorney for advice on your specific legal situation.

 

 

 

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