Case law

Travis County v. Pelzel & Associates, Inc.

77 S.W.3d 246 · Texas Supreme Court · Jun 27, 2002

This statutory language does not clearly and unambiguously waive immunity from suit. See Tex. Gov’t Code § 311.034. … Section 89.004(a) stands in stark contrast to other statutes that contain language which does clearly and unambiguously waive sovereign immunity from suit.

Harris County, Texas v. Lori Annab

547 S.W.3d 609 · Texas Supreme Court · May 11, 2018

The court of appeals found that Annab’s allegations regarding the county’s “use” of the firearm failed to establish a waiver of the county’s immunity. Annab v. Harris Cty., 524 S.W.3d 793, 803–05 (Tex. App. … These allegations do not establish a waiver of immunity under the Tort Claims Act.

State v. Lain

162 Tex. 549 · Texas Supreme Court · Jul 19, 1961

But the cited cases clearly recognize that when officials of the state are the only defendants, or the only remaining defendants, and they file a plea to the jurisdiction *553 based on sovereign immunity, it is the duty of … sovereign immunity should be sustained.

City of Houston, Texas v. Chelsea Manning, Individually and as Next Friend of T.N., Aaliyah Mitchell, and Cierra Williams

Texas Supreme Court · May 23, 2025

App.— Waco Sept. 30, 2020, no pet.). 7 The statute does list some wrongful acts and omissions that do not qualify, many of which involve intentional torts. See TEX. CIV. PRAC. & REM. … Perry, 973 S.W.2d at 306.9 In other words, negligence per se is generally “a species of negligence, in which the breach of duty element is established by showing the violation of a statute or regulation.”

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

Texas Supreme Court · Jun 25, 2021

from civil or criminal liability” to “shall be immune from suit” to “shall be immune from suit and liability” to “shall be immune from civil and criminal process” to “shall be immune from any civil action.” … The PLCAA thus “immunizes a specific type of defendant from a specific type of suit” and “bars the commencement or the prosecution of qualified civil liability actions.”

The State of Texas and Kyle Madsen in His Official Capacity as Director of Right of Way v. Jrj Pusok Holdings, LLC

Texas Supreme Court · Jun 12, 2026

See, e.g., Tooke, 197 S.W.3d at 331 (describing sovereign immunity as “ ‘an established principle of jurisprudence in all civilized nations’ [that] required no justification” when this Court first acknowledged it (quoting … That “sovereign immunity does not apply in eminent-domain proceedings” is well established. Hidalgo County Water Improvement Dist. No. 3 v. Hidalgo County Irrigation Dist. No. 1, 669 S.W.3d 178, 188 (Tex. 2023).

Charles Manbeck v. Austin Independent School District

381 S.W.3d 528 · Texas Supreme Court · Aug 31, 2012

The Political Subdivisions Law, however, is qualified. … As compelled by Norman, the current Political Subdivisions Law does not clearly and unambiguously waive governmental immunity against Manbeck’s claim for attorney fees.

Texas Student Housing Authority v. Brazos County Appraisal District and Appraisal Review Board for Brazos County Appraisal District

58 Tex. Sup. Ct. J. 671 · Texas Supreme Court · Apr 24, 2015

Our inquiry is straightforward: Did TSHA establish its tax-exempt status as a matter of law? … As such, BCAD insists that, in order to qualify for the tax exemption, an authority must conclusively establish that its property is (1) “held for educational purposes only,” and (2) “devoted exclusively to the use and

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

47 Tex. Sup. Ct. J. 1116 · Texas Supreme Court · Sep 3, 2004

The TLCCA asserted that “[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 In … 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.

Barr v. Bernhard

21 Tex. Sup. Ct. J. 205 · Texas Supreme Court · Feb 15, 1978

Section 21.912(b) grants qualified immunity to professional school employees for acts done within the scope of their employment involving judgment or discretion. … Particularly, we are called upon to interpret the last clause of subdivision (b), the terms of which qualify the immunity by stating that there will be no personal liability “except in circumstances where professional employees

Texas Natural Resource Conservation Commission v. White

44 Tex. Sup. Ct. J. 667 · Texas Supreme Court · Apr 26, 2001

Considering the elastic definition of “equipment,” and the early stage of the proceeding, we conclude that White has alleged sufficient facts to establish that TNRCC’s pump was “motor-driven equipment” as that term is used … The Schaefer opinion is clearly limited to the type of pump at issue, the identity, location, and operation of which were fully factually developed. Id. at 689 .

Watkins v. Southcrest Baptist Church

9 Tex. Sup. Ct. J. 176 · Texas Supreme Court · Jan 5, 1966

The law of charitable immunity in Texas generally was set forth in the Clayton opinion as follows: “It seems definitely established in this state that a charity corporation is liable to an employee for injuries proximately … This was a case of a failure to select one properly qualified to perform the service of dispensing drugs.

Hurlbut v. Gulf Atlantic Life Insurance Co.

31 Tex. Sup. Ct. J. 144 · Texas Supreme Court · Dec 16, 1987

Privileges applicable to defamation are of two classes — absolute and conditional or qualified. See Restatement (Second) of Torts §§ 583-612 (1977). … Privileges of the second class, the conditional or qualified privilege, are true privileges because they arise out of the occasion upon which the false statement is published.

Honors Acad., Inc. v. Tex. Educ. Agency

555 S.W.3d 54 · Texas Supreme Court · Apr 27, 2018

Such charters are typically held and run by nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code. See id. § 12.101(a)(3). … waiving immunity."

Entergy Gulf States, Inc. v. John Summers

Texas Supreme Court · Apr 3, 2009

II The Act outlines a process by which a general contractor qualifies for immunity from common-law tort claims brought by the employees of its subcontractors. [1] First, the general contractor and subcontractor must enter … Under this 1917 version, the statutory language broadly established, without qualification, that any subscriber, even a premises owner-subscriber, could qualify as a statutory employer.

City of Dallas v. Jennings

47 Tex. Sup. Ct. J. 715 · Texas Supreme Court · Jun 25, 2004

Governmental Immunity From Nuisance Claims We next consider whether the City conclusively established governmental immunity from the Jenningses’ nuisance claim. … We agree that nuisance liability arises only when governmental immunity is clearly and unambiguously waived. In some cases, the Tort Claims Act may waive immunity from certain nuisance claims. See Tex. Civ.

Railroad Commission v. Gulf Energy Exploration Corp.

59 Tex. Sup. Ct. J. 309 · Texas Supreme Court · Jan 29, 2016

The only limitation on the acts or ómisáions that qualify is the “good-faith effort” requirement. … Applying that standard, we-cannot say that the. evidence conclusively establishes the Qommission’s good faith.

Texas Natural Resource Conservation Commission v. IT-Davy

45 Tex. Sup. Ct. J. 558 · Texas Supreme Court · Apr 11, 2002

And, the Legislature knows how to clearly and unambiguously waive sovereign immunity from suit. … Here, neither section 5.351 nor 5.352 clearly and unambiguously waives the TNRCC’s sovereign immunity from suit for breach-of-contract claims.

Univ. of Tex. Health Sci. Ctr. at Hous. v. Rios

542 S.W.3d 530 · Texas Supreme Court · Dec 15, 2017

We also conclude that the record in this case establishes that the individuals sued were employees of a state agency. … otherwise had only qualified immunity. 33 Still, "plaintiffs often sought to avoid the Act's damages cap or other strictures by suing governmental employees, since claims against them were not always subject to the Act."

Kirby Lake Development, Ltd. v. Clear Lake City Water Authority

53 Tex. Sup. Ct. J. 1113 · Texas Supreme Court · Aug 27, 2010

Hence, a statute that contemplates a government entity’s involvement in litigation does not “clearly and unambiguously waive” the entity’s immunity from suit. See Wichita Falls State Hosp. v. … But such language “does not go as far as waiving immunity from suit, but merely establishes a condition precedent to suit.” Travis County v.