Municipality's Immunity for Intentional Tort In Texas

When a municipality commits a tort while engaged in a proprietary function, it is liable to the same extent as a private entity or individual. See Dilley v. City of Houston, 148 Tex. 191, 193, 222 S.W.2d 992, 993 (1949); Cranford v. City of Pasadena, 917 S.W.2d 484, 487 (Tex. App.--Houston [14th Dist.] 1996, no writ). When a municipality commits a tort while engaged in a governmental function, its liability is determined by the provisions of the Texas Tort Claims Act (the Act). See TEX. CIV. PRAC. & REM. CODE ANN. 101.0215(a) (Vernon Supp. 1999); Cranford, 917 S.W.2d at 487. Under the Act, a municipality is immune from liability for intentional torts. See TEX. CIV. PRAC. & REM. CODE ANN. 101.057(2) (Vernon 1997). Governmental functions are those functions that are enjoined on a municipality by law and are given to it by the state as part of the state's sovereignty, to be exercised by the municipality in the interest of the general public. See id. 101.0215(a) (Vernon Supp. 1999). Proprietary functions are those functions that a municipality may, in its discretion, perform in the interest of the inhabitants of the municipality. See id. 101.0215(b) (Vernon 1997). The Act sets out a nonexclusive list of governmental functions. Included in that list are police protection and control. See id. 101.0215(a)(1) (Vernon Supp. 1999). The Act also sets out a nonexclusive list of proprietary functions. Included in that list are "amusements owned and operated by the municipality." Id. 101.0215(b)(2) (Vernon 1997).