Case law

Robinson v. Central Texas MHMR Center

33 Tex. Sup. Ct. J. 98 · Texas Supreme Court · Nov 22, 1989

its intent as to when it directs that governmental immunity is waived. … Contrary to the view of the dissent, we are obligated as judges to decide cases in a rational manner on the basis of principles established in prior cases.

City of San Antonio v. Ytuarte

50 Tex. Sup. Ct. J. 745 · Texas Supreme Court · May 4, 2007

The court of appeals affirmed the trial court’s denial of summary judgment, concluding that the summary judgment evidence failed to establish immunity as a matter of law because “material facts” underlying the issue of good … Ytuarte filed suit, and the City responded by asserting immunity and moving for summary judgment.

Texas Department of Protective and Regulatory Services v. Mega Child Care, Inc.

Texas Supreme Court · Sep 3, 2004

The TLCCA asserted that A [t]he plain words suggest that [section 2001.171 of the APA] does more than establish a procedure for judicial review; the section creates the right of judicial review for those who qualify. @ [4 … Our resolution of the sovereign immunity issue is consistent with precedent from courts of appeals concluding that judicial review provisions waive immunity. See Gruber v. Tex.

Davis v. City of San Antonio

31 Tex. Sup. Ct. J. 491 · Texas Supreme Court · Jun 1, 1988

immunity. … Our rules also provide that the respondent’s brief, like the petitioner’s, should clearly state the nature of the relief sought. Tex.R.App.P. 136(b), 131(g).

Alamo Heights Independent School District v. Catherine Clark

544 S.W.3d 755 · Texas Supreme Court · Apr 6, 2018

The trial court denied the plea, and on interlocutory appeal, the court of appeals affirmed, holding Clark had established a prima facie case of sexual harassment and retaliation sufficient to invoke the TCHRA’s immunity … This complaint to Boyer also does not qualify as protected activity because it does not indicate a belief that Monterrubio told the jokes based on Clark’s gender.

City of Fort Worth, Texas v. Abdul Pridgen and Vance Keyes

Texas Supreme Court · May 27, 2022

Qualifying “Report” under the Whistleblower Act The City primarily argues that Respondents did not make a qualifying “report” under the Act. … Though we held that the agency was immune, we noted that Okoli would have qualified for the Act’s protection, even though he reported internally, if he had conveyed information to an official with outward- looking law enforcement

in Re Academy, Ltd. D/B/A Academy Sports + Outdoors

Texas Supreme Court · Jun 25, 2021

Colo. 2015) (“Although the PLCAA identifies negligent entrustment as an exception to immunity, it does not create the cause of action. Accordingly, the claim arises under state law.” … “While the Act may exempt ‘negligent entrustment’ claims from mandatory dismissal under federal law, it does not affirmatively authorize or establish such claims—it simply does not extinguish them.”

Judy Tooke and Everett Tooke D/B/A Tooke and Sons and D/B/A Nature's Way Organic Landscaping v. the City of Mexia

Texas Supreme Court · Jun 30, 2006

In Missouri Pacific we considered whether the following language waived immunity from suit: All navigation districts established under this Act may, by and through the navigation and canal commissioners, sue and be sued in … We acknowledged that there may be other language by which legislative intent to give consent to suit against a governmental entity might be more clearly expressed. Id .

Degrazier v. Stephens

101 Tex. 194 · Texas Supreme Court · Dec 11, 1907

“It is in violation of article IV, section 2, of the Constitution of the United States, which provides that: /The citizens of each State shall be entitled to all the priviliges and immunities of the citizens of the several … If the character of the applicant enters into the question, what more reasonable, than • that he should be required to be a resident of the county for a sufficient length of time to establish the necessary qualifications

San Antonio Independent School District v. McKinney

936 S.W.2d 279 · Texas Supreme Court · Jan 31, 1997

state law claims but would clearly have declined to exercise that jurisdiction as a matter of discretion. … The fact that a school district enjoys sovereign immunity does not mean that it is in effect the State for purposes of the Eleventh Amendment. Cities and counties enjoy sovereign immunity, City of Galveston v.

Town of Shady Shores v. Sarah Swanson

Texas Supreme Court · Dec 13, 2019

and recordings available to the (Tex. 2018) (explaining that when “a statutory violation is necessary to establish an immunity waiver, jurisdiction and the merits intertwine”). … Section 271.152 of that Act expressly “waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of [a qualifying] contract, subject to the terms and conditions of this subchapter.” TEX.

City of Conroe, Texas City of Magnolia, Texas And City of Splendora, Texas v. San Jacinto River Authority and Ken Paxton, Attorney General of Texas

Texas Supreme Court · Mar 27, 2020

Furthermore, “the execution . . . of a contract” explicitly qualifies as a public security authorization under section 1205.021(2). GOV’T CODE § 1205.021(2)(D). … It may not use the EDJA to establish its compliance with the contract, however.

Texas a & M University System v. Koseoglu

50 Tex. Sup. Ct. J. 1213 · Texas Supreme Court · Sep 7, 2007

Had McLellan filed a motion for summary judgment based on an assertion of official immunity, he clearly would be permitted under Section 51.014(a)(5) to appeal an interlocutory denial of his motion for summary judgment. … only a few and distinct classes of “persons” to be permitted to bring interlocutory appeals in only a few narrowly drawn situations, there is considerable conflict among the courts of appeals about when state officials qualify

4 Families of Hobby, LLC, 4 Families of Houston, LLC, and Pappas Restaurants, Inc v. City of Houston, Texas

Texas Supreme Court · Jan 9, 2026

, the only way to know if immunity has been waived is to determine if the necessary facts exist.” … Any city expenditure of $50,000 or more will qualify; net expenditures are not required.

Ken Paxton, in His Official Capacity as Attorney General of Texas v. Savergv, Sierra Club, and carrizo/comecrudo Nation of Texas, Inc.

Texas Supreme Court · Jun 19, 2026

The court then rejected defendants’ argument that plaintiffs failed to establish a waiver of immunity. Id. at 444–45. … The defendants asserted immunity in pleas to the jurisdiction, arguing that the plaintiffs failed to establish an immunity waiver because their constitutional claims were not “viable.” Id. at 688.

Hidalgo County Water Improvement District No. 3 v. Hidalgo County Irrigation District No. 1

Texas Supreme Court · May 19, 2023

Alternatively, the Improvement District argues that, even if governmental immunity does apply in the condemnation context, Section 49.222 of the Water Code clearly and unambiguously waives that immunity by empowering the … Finally, the Irrigation District argues that the court of appeals correctly determined that Section 49.222 does not clearly and unambiguously waive the Irrigation District’s immunity. II.

City of Houston v. Ruben Rodriguez and Frederick Okon

Texas Supreme Court · Dec 31, 2024

of governmental immunity on that ground. 26 The City raised its governmental immunity via a traditional summary-judgment motion, attaching evidence to conclusively establish Corral’s official immunity and to affirmatively … Well, I mean, clearly the brakes didn’t stop you, but were they working?

Dianne Hensley v. State Commission on Judicial Conduct

Texas Supreme Court · Jun 28, 2024

When a governmental entity challenges jurisdiction on immunity grounds, the plaintiff’s burden of affirmatively demonstrating jurisdiction includes establishing a waiver of immunity. … Hensley’s notice of the burden she claims to her religious freedom is clearly sufficient under TRFRA. 71 B The Commission argues that TRFRA’s general waiver of sovereign immunity

John Sampson v. the University of Texas at Austin

59 Tex. Sup. Ct. J. 1118 · Texas Supreme Court · Jun 10, 2016

There are two distinct principles of sovereign immunity: immunity from suit and immunity from liability. Miranda , 133 S.W.3d. at 224. … Evidence of Actual Knowledge Sampson argues that even if his claim is one of premises defect, he presented sufficient evidence to establish a waiver of immunity under section 101.022(a).

Kristopher Lloyd Fraley v. Texas A&M University System

Texas Supreme Court · Mar 24, 2023

judgment: a reviewing court should view the evidence in a light favorable to the nonmovant, indulging reasonable inferences from that evidence in the nonmovant’s favor. 15 To avoid dismissal, a plaintiff must establish that … to exclude discretionary decisions about design, signage, and signals does not apply. 24 Whether a condition qualifies as a special defect is a question of law. 25 B The Tort