Case law

Texas Tech University System and Texas Tech University System Board of Regents v. Pureza "Didit" Martinez

Texas Supreme Court · Jun 14, 2024

Applicable Law Although Chapter 21 of the Labor Code clearly and unambiguously waives immunity for certain unlawful employment practices, “it is a limited waiver of immunity.” … You’ll accomplish this by developing employees to ensure that you have qualified candidates ready to fill those key positions when a vacancy occurs.”); WILLIAM J.

Lubbock County Water Control and Improvement District and Tommy Fisher, in His Official Capacity as President of the Board of Directors of the Lubbock County Water Control and Improvement District v. Church & Akin, L.L.C.

Texas Supreme Court · Jul 3, 2014

In that context, “will issue catering tickets” establishes a duty, not a statement of intent. … I would therefore conclude that the District does not enjoy immunity.

The Geo Group, Inc. and Geo Corrections and Detention, LLC v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas

Texas Supreme Court · Mar 14, 2025

that it is an agency or instrumentality of the federal or state government immune from the payment of state tax.” … Moreover, a taxpayer must clearly show its entitlement to an exemption and all doubts are resolved against granting it. Odyssey 2020 Acad., Inc. v. Galveston Cent. Appraisal Dist., 624 S.W.3d 535, 540-41 (Tex. 2021).

Watts v. Holland

56 Tex. 54 · Texas Supreme Court · Nov 29, 1881

The meaning is, that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society. … Holland, is an incompetent witness unless his disqualification shall be removed by a renunciation of his appoint *66 ment and right to qualify as executor of the will.

Ltts Charter School, Inc. D/B/A Universal Academy v. C2 Construction, Inc.

Texas Supreme Court · Jun 17, 2011

Institution, Agency, or Organ of Government” Under Section 101.001(3 )( D) and “School District” Under Section 101.001(3)(B) The Court holds that LTTS is a governmental unit under section 101.001(3 )( D), concluding it qualifies … See id. §§ 130.011–.013 (providing for establishment of junior college districts by joint action of the coordinating board, commissioner of higher education, and the independent school district or city that wishes to establish

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

Harris County Hospital District v. Tomball Regional Hospital

Texas Supreme Court · May 1, 2009

We conclude that section 281.056(a) does not, either by itself or in context, clearly and unambiguously waive HCHD = s immunity to suit. … from suit to establish and secure a judgment for the amount of whatever its liability may be.

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?

Texas Department of Transportation v. Able

35 S.W.3d 608 · Texas Supreme Court · Nov 16, 2000

The documents also clearly contemplate an economic gain that could be realized by undertaking the activities in this manner. … Yes. *618 TxDOT’s counsel then established that Dr.

In RE DALLAS HERO AND CATHY CORTINA ARVIZU v. the State of Texas

Texas Supreme Court · Sep 11, 2024

On July 19, 2024, the city secretary certified that each of HERO’s petitions included sufficient voter signatures for the measures to qualify for places on the ballot. … “[M]andamus relief is appropriate if the relator establishes a clear abuse of discretion for which there is no adequate appellate remedy.”

Scott v. Graham

156 Tex. 97 · Texas Supreme Court · Jun 27, 1956

It is our opinion that the county is clearly a necessary and indispensable party to this suit. … These provisions clearly contemplate monthly compensation in an amount equal to one-twelfth of an authorized annual salary, which cannot exceed the applicable ceiling established by the statute.

Brainard v. State

12 S.W.3d 6 · Texas Supreme Court · Jan 6, 2000

That SCR 165 did not waive the State’s immunity for fees is of no consequence, say the Landowners, because the Legislature waived the State’s immunity for such fees in statutes of general application, such as the Declaratory … SCR 165, then, failed to waive the State’s sovereign immunity with respect to a claim for such fees.

University of Incarnate Word v. Valerie Redus

Texas Supreme Court · May 22, 2020

, when it established its police department. … Other states vest authority in campus police officers, sometimes explicitly conferring qualified or official immunity, but they do not address immunity for their employing institutions. See, e.g., ARK.

Terisa Taylor v. Carl Tolbert, Nizzera Kimball and Vivian Robbins

Texas Supreme Court · May 6, 2022

Immunity attaches to the state claims because the Texas wiretap statute does not expressly, or by necessary implication, abrogate the immunity defense, and the attorney met her burden to establish its applicability to the … no explicit abrogation of immunity”; 77 (2) attorney immunity has been applied to bar claims under other statutes; 78 and (3) the TSA’s purposes would not be so clearly impeded if attorneys “are immunized while they work

City of Hous. v. Hous. Mun. Emps. Pension Sys.

549 S.W.3d 566 · Texas Supreme Court · Jun 8, 2018

Standard of Review Sovereign immunity, or governmental immunity as it is called in relation to subdivisions of the State such as cities, defeats a trial court's subject matter jurisdiction unless the immunity has been waived … The TPIA provides that "a requestor may file suit for a writ of mandamus compelling a governmental body to make information available," thus clearly waiving immunity from these particular suits. TEX.

Daniel K. Christ and Nicole D. Salinas v. Texas Department of Transportation

Texas Supreme Court · Feb 10, 2023

[s]equence of construction staging/phasing plan” and “should clearly show provisions to efficiently move users through or around a work zone”). 2 gave oral approval, so it proceeded … Applicable Law Generally, the State of Texas and its agencies retain sovereign immunity from suit unless the Legislature clearly and unambiguously waives it. Univ. of Tex. at Austin v.

Sullivan v. University Interscholastic League

24 Tex. Sup. Ct. J. 345 · Texas Supreme Court · Apr 22, 1981

He did not appeal the trial court’s grant of the affirmative defense of immunity asserted in the school officials’ motion for summary judgment. … A pupil living at home with his parents (or guardian) and qualifying under the “exception A” clause above is eligible under this section in any higher class school within fifteen miles.

Fort Worth Independent School District v. City of Fort Worth

22 S.W.3d 831 · Texas Supreme Court · Aug 24, 2000

We hold that the City and Bell have failed to establish conclusively: • that no agreement existed whereby the City waived immunity from liability; • that the City’s obligations to the School District lacked consideration; … D For these reasons, we conclude that the City did not establish its immunity from liability to the School District. Ill Bell argues that the 1936 arrangement was an unlawful assessment of taxes.

John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, and Charmaine Pilgrim, on Behalf of Themselves and All Others Similarly Situated, and the City of Houston v. Houston Municipal Employees Pension System, Barbara Chelette, David L. Long, Lenard Polk, Roy Sanchez, and Lonnie Vara

Texas Supreme Court · Mar 20, 2015

improperly alters the statutory definition of that term; (2) compounding that unauthorized act by adopting the October 2011 resolution, which did the same; (3) authorizing the External Affairs Committee to determine who qualifies … Per Howerton, if the City so elected, any subsequently established pension fund would no longer be subject to legislative control.

Leah Anne Gonski Marino, M.D. F/K/A Leah Anne Gonski, M.D. v. Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir, and Christopher McKnight, Individually and as Next Friend of Nayla McKnight

60 Tex. Sup. Ct. J. 832 · Texas Supreme Court · Apr 28, 2017

Its authorized powers include the employment of qualified persons to serve as residents or interns on the staff of any hospital owned or operated by the University of Texas System. … Joseph and the Central Texas Medical Foundation established a resident training program at Brackenridge Hospital, a city-owned hospital in Austin.