Claims Against the University

Texas State University-San Marcos
Official UPPS No. 01.04.01
Issue No. 4
Effective Date: 2/25/98
Review: August 1 E10Y

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01. POLICY STATEMENTS

01.01

We at Texas State are committed to the efficient and effective fulfillment of the institution's mission. To this end, the executive management of Texas State will be carried out in accordance with the Texas Higher Education Coordinating Board; Regents' Rules of the Texas State University System; and local, state, and federal law as applicable. The following procedure contributes to the implementation of this policy.

01.02

This UPPS promulgates University policy regarding the payment of claims, judgments and settlements against the University. It also explains the procedure for filing a claim against the University.

02. STATUTORY AUTHORITY

02.01

The Texas Tort Claims Act (Civil Practice and Remedies Code, Chapter 101) provides that the state shall be liable for property damage, personal injury, or death when caused by the negligence or wrongful act or omission of any state employee acting within the scope of his or her employment arising from the operation of a motor vehicle or motor-driven equipment or from a condition or use of tangible property.

a.

The State's liability under this Act is limited to $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death, and to $100,000.00 for any single occurrence for injury to or destruction of property.

b.

Suits arising under the Texas Tort Claims Act must be filed in the county in which the cause of action arose.

c.

Except when there is actual notice on the part of the University or its agents or employees that death has occurred or that the claimant has received some injury or that property of the claimant has been damaged, any person making a claim under the Tort Claims Act must give notice to the University within six (6) months from the date of the incident.

02.02

Section 104.001 of the Civil Practice and Remedies Code provides that the State of Texas is liable for and will pay damages, court costs and attorney fees adjudged against state employees where the damages are based on an act or omission by the employee in the course of his or her employment with the State.

03. OPERATING PROCEDURES

03.01

University faculty members and staff employees often supervise students and other employees who engage in potentially dangerous activities or use potentially dangerous equipment. In such instances, such supervisors must give instruction and training in proper safety precautions to be followed.

03.02

In such instances, faculty members and employees are encouraged to have each person who will participate in an unusually hazardous activity or use unusually dangerous equipment sign a release, relieving the University and its employees from liability. The University Attorney should be consulted for preparation of these releases. Some of the activities for which releases might be used are: foreign travel sponsored by the University, field trips and potentially hazardous activities such as scuba diving, sailing, etc.

03.03

No University faculty member, administrator or other employee, other than the President of the University, has authority to make an admission of liability or bind the University to any settlement when another person suffers injury to his or her person or damage to his or her property.

03.04

Injuries to persons and damage to property that might result in University liability should be reported to the University Attorney, who will convey such information to the Director of Personnel, the appropriate Vice President, the Safety Officer, and through the Vice President for Finance and Support Services, to the President of the University.

03.05

Since all University employees are eligible for Worker's Compensation, all injuries (whether or not loss of work time or medical expenses are involved) should be reported to the appropriate administrative head. Specific details are covered in UPPS No. 04.04.43, Worker's Compensation Claims.

04. PROCEDURES FOR FILING A CLAIM FOR MONETARY DAMAGES AGAINST THE UNIVERSITY

04.01

One who seeks monetary damages against the University should take the following steps, in sequence, to present that claim for payment:

a.

The claimant must contact the University Attorney's office and secure a claim form. This form must be completed by the claimant and returned to the University Attorney. A copy of the form is Attachment I to this UPPS.

b.

The claimant should complete the form and attach sufficient documents to support the amount of and the justification for this claim. Examples of supporting documents are written estimates of damages to property made by qualified experts, medical bills, police reports, and statements of witnesses describing the incident giving rise to the claim.

c.

The University Attorney will investigate the claim and recommend to the Vice President for Finance and Support Services whether the University should pay the claim. The Vice President will notify the University Attorney of his or her decision as to whether to pay or reject the claim. The University Attorney will notify the claimant of the University's decision.

d.

The University Attorney will notify the claimant if additional documentation or inspection of damages is required. Additionally, the University may require that damaged property be surrendered to the University at the time the claim is paid.

04.02

If the University determines that the claim is valid, payment may be made from local sources. Ordinarily, payment will be made within twenty (20) days of delivery of the completed claim to the University Attorney, and it will be from the account most directly linked with the activity that caused the claim to be filed.

04.03

The University requires that the claimant sign a release prepared or approved by the University Attorney if the claim is paid.

05. MAJOR RESPONSIBILITIES ASSOCIATED WITH THIS UPPS

05.01

Major responsibilities for routine assignments associated with this UPPS include the following:

Position		Section		 Date

University Attorney	Review		 August 1 E10Y

Vice President for	Review		 August 1 E10Y
Finance & Support
Services

06. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Mr. William L. Fly, University Attorney; senior reviewer of this UPPS

Mr. William A. Nance, Vice President for Finance and Support Services; reviewer of this UPPS

Dr. Michael L. Abbott, Executive Vice President

Dr. Jerome H. Supple, President