Case law

City of Houston v. Northwood Municipal Utility District No. 1

73 S.W.3d 304 · Court of Appeals of Texas · Nov 15, 2001

This action clearly constitutes an inverse condemnation of Northwood’s Property for which it is entitled to compensation. ... 12. … of sovereign immunity.

Fink v. Anderson

477 S.W.3d 460 · Court of Appeals of Texas · Sep 24, 2015

At times the Legislature has clearly stated its intent to waive immunity. See, e.g., Tex. Civ. Peac. & Rem. Code Ann. § 110.008 (West 2011) (providing that “sovereign immunity to suit and from liability is waived_”). … The investors argue that the Securities Act clearly waives immunity through incorporation of a defined term. The Act provides that a “person” who sells securities can be liable for misrepresentations of material facts.

Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. American Youthworks, Inc., D/B/A American Youthworks Charter School Honors Academy, Inc., D/B/A Honors Academy And Azleway Inc., D/B/A Azleway Charter School

496 S.W.3d 244 · Court of Appeals of Texas · Jun 10, 2016

The doctrine of sovereign immunity derives from the common law and has long been part of Texas jurisprudence.55 Sovereign immunity in Texas embodies two concepts: immunity from liability and immunity from suit.56 Immunity … two statutory-validity claims that they maintain qualify under this waiver of immunity.

Dallas/Fort Worth International Airport Board v. Funderburk

188 S.W.3d 233 · Court of Appeals of Texas · Jan 26, 2006

Thus, the law is settled that the TCHRA clearly and unambiguously waives governmental immunity for the governmental entities that are statutorily defined as employers. … The DFW Board appears to argue that the TCHRA must clearly and unambiguously waive governmental immunity specifically as to it. We cannot agree with this contention.

Schronk v. City of Burleson

387 S.W.3d 692 · Court of Appeals of Texas · Jul 22, 2009

Although the State or other governmental unit bears the burden of conclusively establishing that its immunity has not been waived, “we protect the plaintiffs from having to ‘put on their case simply to establish jurisdiction … Rather, even if a waiver of immunity is established under section 101.021, a governmental unit may nonetheless retain its immunity if it meets the requisites of section 101.055 or section 101.062. See Gipson v.

Edgar v. Plummer

845 S.W.2d 452 · Court of Appeals of Texas · Jan 12, 1993

Prac. & Rem.Code Ann. § 51.014 (Vernon Supp.1993), to challenge the trial court’s denial of summary judgment. 2 Edgar argues that he was entitled to summary judgment because of qualified immunity. … Edgar contends that Plummer's crossing the shoulder line violated Tex.Rev.Civ.Stat.Ann. art. 6701d, § 60 (Vernon 1977): Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic the following

Johnson v. Sandel

920 S.W.2d 751 · Court of Appeals of Texas · Feb 9, 1996

The trial court’s order protects the defendants from answering discovery “pending the resolution of the threshold issue of the defendants’ qualified immunity.” … The trial court clearly abused its discretion when it denied discovery on immunity, the dispositive issue, and the relator has no remedy by appeal. COHEN and WILSON, JJ., also participating.

Texas Youth Commission v. Ryan

889 S.W.2d 340 · Court of Appeals of Texas · Jul 21, 1994

And unlike information and ideas, automotive vehicles are clearly tangible personal property subject to negligent operation and misuse by governmental employees. … We further hold that even if these forms qualified under the act, their use was not the proximate cause of appellee’s injuries.

Texas Department of Human Services v. Ara Living Centers of Texas, Inc.

833 S.W.2d 689 · Court of Appeals of Texas · Aug 26, 1992

TDHS also asserts that ARA’s suit is barred by the doctrine of governmental immunity. 1. … Governmental Immunity TDHS also argues that ARA’s suit to obtain declaratory relief is barred by the doctrine of governmental immunity. This assertion is also without merit.

McDonald v. Denton

63 Tex. Civ. App. 421 · Court of Appeals of Texas · Dec 21, 1910

shall have the right to continually commit certain crimes and continually obtain immunity from punishment. … Clearly, they are legalized within the 'limits denominated the “Reservation,” the very name of which indicates a setting apart for particular purposes.

University of the Incarnate Word v. Redus

474 S.W.3d 816 · Court of Appeals of Texas · Aug 26, 2015

This judicial admission establishes UIW was not created or established by Texas law, but instead originated and maintains the status of a .charitable, private institution run by a Catholic order of nuns.:,. . … However, this limited delegation of authority does not qualify UIW as a governmental unit.

Stubbe v. Stubbe

710 S.W.2d 673 · Court of Appeals of Texas · Apr 16, 1986

Of course, under established principles of contract law, an obligation to pay “contractual alimony” cannot be modified or avoided on the ground that it has become more burdensome than anticipated. Mahrer v. … The court, in examining the congressional intent behind § 659(a), observed that “Section 659(a) clearly indicates the intent of Congress to make current wages (entitlement based upon remuneration of employment) subject to

Clear Creek Independent School District v. Cotton Commerical USA, Inc. F/K/A Cottonwood Debris Company, LLC

529 S.W.3d 569 · Court of Appeals of Texas · Aug 1, 2017

We conclude that the agreement qualifies as a “contract subject to [chapter 271]”1 and that the district’s immunity from suit is waived to adjudicate a claim for the agreement’s breach. … For section 271.152’s waiver of immunity to apply, three elements must be established: (a) the party against whom the waiver is asserted must be a “local governmental entity,” as defined by section 271.151(3); (b) the entity

Service Employment Redevelopment v. Fort Worth Independent School District

163 S.W.3d 142 · Court of Appeals of Texas · May 12, 2005

provides the “requisite clarity to establish a waiver of immunity from suit”). 8 . … waiver of immunity from suit, but recognizing that "sue and be sued” language provides the "requisite clarity to establish a waiver of immunity from suit”); Goerlitz, 101 S.W.3d at 577 (holding immunity from suit waived

Walker v. Hartman

516 S.W.3d 71 · Court of Appeals of Texas · Mar 30, 2017

The doctrine of absolute judicial immunity encompasses all judicial acts unless the judge’s actions clearly fall outside the judge’s subject-matter jurisdiction. Mireles v. … On the other hand, quasi-judicial immunity and other similar terms, such as official immunity or qualified immunity, are all “used interchangeably to refer to the same affirmative defense available to governmental employees

Nazari v. State

497 S.W.3d 169 · Court of Appeals of Texas · Jun 17, 2016

because nothing in the remainder of the Act clearly indicates that the legislature intended to waive sovereign immunity when the State files enforcement actions under the Act. … When describing the governing standard of proof, the Act also mentions damages in section 36.1021 and provides that "the state or person bringing the action must establish each element of the action, including damages, by

City of El Paso v. Viel

523 S.W.3d 876 · Court of Appeals of Texas · Jun 30, 2017

Plea to tl>e Jurisdiction As a political subdivision of the State of Texas, the City is generally protected by governmental immunity from lawsuits for money damages unless immunity has been clearly and unambiguously waived … The City argues that governmental immunity was not waived under the TTCÁ because Viel did not plead, and the evidence does not establish, an actionable premises defect claim.

Pierson v. Houston Independent School District

698 S.W.2d 377 · Court of Appeals of Texas · Aug 15, 1985

As an agency of the state, HISD is immune from liability for the alleged negligence of its agents or employees except to the extent the immunity is waived by the Texas Tort Claims Act, Tex.Rev.Civ. … These motions were granted based upon the professional immunity provision found in § 21.912 of the Texas Education Code, which grants a qualified immunity to professional school employees for acts done within the scope of

Honhorst v. University of North Texas

983 S.W.2d 872 · Court of Appeals of Texas · Dec 28, 1998

It is a well-established rule that for the Legislature to waive the State’s sovereign immunity, it must do so by clear and unambiguous language. See Federal Sign, 951 S.W.2d at 405 . … After an extensive *875 discussion of the labor code, the supreme court’s holding in Barfield , and other Texas statutes where the Legislature clearly and unambiguously waived the sovereign immunity of the State, the court

Baker v. Story

621 S.W.2d 639 · Court of Appeals of Texas · Jun 3, 1981

The testimony of the defendant doctor is clearly sufficient to establish the applicable medical standard of care. Wilson v. Scott, 412 S.W.2d 299 (Tex.1967). In this case the testimony of Dr. … We do no more than hold that, under the evidence in this case, it was not conclusively established that Dr. Story was entitled to immunity as an employee of the State of Texas.