Case law

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

Reaves v. City of Corpus Christi

518 S.W.3d 594 · Court of Appeals of Texas · Apr 13, 2017

The petition further alleged that their negligence claims qualified for a waiver of sovereign immunity through Texas Civil Practice and Remedies Code section 101.021(1) because: Officer Fernandez acted within the course and … Cases in this branch have made clear that an immunity claim does not erase the established rules which apply to motions for summary judgment.

Olivares v. Brown & Gay Engineering, Inc.

401 S.W.3d 363 · Court of Appeals of Texas · Apr 25, 2013

Thus, as the movants here, MSE and Brown & Gay have the burden to establish their entitlement to governmental immunity as governmental employees. See id. IY. Analysis A. … Brown & Gay also had to represent that it presently had, or could obtain, adequate qualified employees to work on the project.

Schmitz v. Denton Cnty. Cowboy Church

550 S.W.3d 342 · Court of Appeals of Texas · May 10, 2018

Finally, Appellants failed to establish on appeal that the trial court clearly abused its discretion by denying their request for a temporary injunction. … charter] clearly says is that the City can be sued and impleaded in court when suit is permitted, not that immunity is waived for all suits."); cf.

Tabrizi v. City of Austin

551 S.W.3d 290 · Court of Appeals of Texas · Apr 25, 2018

Accordingly, the DJA "is not a general waiver of sovereign immunity" but only waives "immunity for certain claims." Texas Parks & Wildlife Dep't v. … Under the common dictionary definition, a street gutter that redirects water would not intuitively qualify as a utility service provided to the property.

Tex. Facilities Comm'n v. Speer

559 S.W.3d 245 · Court of Appeals of Texas · Aug 31, 2018

if the statute is ambiguous. 9 To establish jurisdiction through a waiver of immunity, Speer relies on the TTCA, "a unique statutory scheme" in which sovereign immunity from suit is waived to the extent of liability that … It follows from the foregoing analysis that Speer can establish a waiver of immunity under the TTCA only by satisfying the licensee standard imposed by Section 101.022, Subsection (a) -including the element of the Commission's

City of Galveston, Dorothy Palumbo, City Attorney and Sterling W. Patrick, Director of Grants and Housing v. CDM Smith, Inc.

470 S.W.3d 558 · Court of Appeals of Texas · Apr 2, 2015

Clear Lake City Water Auth., 320 S.W.3d 829, 838 (Tex. 2010) (noting written contracts stated essential terms because names of the parties, property at issue, and basic obligations were clearly outlined). … The Act does not define or otherwise qualify the word “refuse.” See Thomas v. Cornyn, 71 S.W.3d 473, 485 (Tex. App.—Austin 2002, no pet).

Rivas v. City of Houston

19 S.W.3d 901 · Court of Appeals of Texas · Jun 8, 2000

This finding was set aside by the trial court's judgment n.o.v., which granted qualified immunity as a matter of law. … In fact, the evidence established the opposite.

In the Interest of C.S.

214 S.W.3d 465 · Court of Appeals of Texas · Jan 11, 2006

Based on the adoption subsidy, the Stewarts do not meet the financial requirements to qualify as an adoptive placement for the children. … However, all of the cases cited by the ad litem rely on the following unique provision of the Texas Constitution: “it shall be the duty of the Legislature of the State to establish and make suitable provision for the support

Parker County v. Weatherford Independent School District

775 S.W.2d 881 · Court of Appeals of Texas · Aug 3, 1989

This was done in response to election petitions presented to the county clerk by qualified voters. … Furthermore, the implied limitation on the assessing and collection functions of the taxing units is clearly expressed in the provisions of section 6.26 which allows the electorate to designate the agency most suitable for

Smith v. Tarrant County

946 S.W.2d 496 · Court of Appeals of Texas · May 8, 1997

Thus, the burden is on the defendant to establish all elements of the defense. Montgomery, 669 S.W.2d at 310-11 . … This standard applies in all qualified or official immunity cases. Putthoff , 934 S.W.2d at *503 172; Murillo v. Garza, 881 S.W.2d 199, 202 (Tex.App.—San Antonio 1994, no writ).

Guerrero v. Tarrant County Mortician Services Co.

977 S.W.2d 829 · Court of Appeals of Texas · Sep 17, 1998

We find that the private company is entitled to official immunity and that it established its entitlement to the affirmative defense. II. … official immunity.

Harris County Flood Control District v. Mihelich

512 S.W.2d 393 · Court of Appeals of Texas · Jun 13, 1974

Clearly, the purpose of Section 59(c) of Article 16 is to control and limit the incurring of indebtedness for improvements and their maintenance by certain districts. … The liability thus established is fortuitous; it is not a voluntary indebtedness of the District.

Skypark Aviation, LLC v. Lind

523 S.W.3d 869 · Court of Appeals of Texas · Jun 22, 2017

immunity. … Furthermore, Appellants have not cited any authority establishing that a private cause of action exists for claims of this type or that governmental immunity for claims of this type has been waived.

Harris County Hospital District v. William Parker

484 S.W.3d 182 · Court of Appeals of Texas · Dec 22, 2015

Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (“Garcia I”) (holding that “the TCHRA clearly and unambiguously waives immunity”). 6  The TCHRA’s immunity waiver applies only if the … Disparate Treatment To establish a prima facie case of disparate treatment race discrimination, Parker must show that he was: (1) a member of a protected class; (2) qualified for his position; (3) subject to an adverse

City of Austin v. Liberty Mutual Insurance

431 S.W.3d 817 · Court of Appeals of Texas · May 16, 2014

In its motion, the City asserted that appellees’ petitions did not sufficiently allege the “intent” and “public use” elements required for governmental action to qualify as a taking. … See Little-Tex Insulation Co., 39 S.W.3d at 598-99 (immunity retained in absence of properly pleaded takings claim); Carowest Land, Ltd., 432 S.W.3d at 513-14 , 2014 WL 1774535, at *6 (if plaintiff cannot establish viable

City of Lubbock v. Land

33 S.W.3d 357 · Court of Appeals of Texas · Oct 23, 2000

Land, however, contends that Article 42.20 does not apply to the City, but only to the entity establishing the program. Thus, in construing Article 42.20, our objective is to give effect to the Legislature’s intent. … The City qualifies as a political subdivision. See Tex.Gov’t.Code Annotated § 418.004(6) (Vernon 1998). Unfortunately, the statute does not define the term official capacity.

City of San Antonio v. Hays St. Bridge Restoration Grp.

551 S.W.3d 755 · Court of Appeals of Texas · Mar 1, 2017

The Texas Supreme Court has stated that in determining whether the Legislature has clearly and unambiguously waived immunity, courts should: (1) determine whether the statute that allegedly waives immunity does so beyond … Resolving any ambiguities in favor of immunity, we conclude that by not permitting the recovery of specific performance, the Act does not clearly or unambiguously waive immunity from suit for breach of contract claims seeking

the City of Conroe, Texas and J. R. Moore Jr., in His Capacity as the Montgomery County Tax Assessor and Collector v. TPProperty LLC

480 S.W.3d 545 · Court of Appeals of Texas · Jun 25, 2015

Id. § 11.42(a).8 “A person who does not qualify for an exemption on January 1 of any year may not receive the exemption that year.” Id. … The City contends that suits to establish a contract’s validity, enforce its performance, or impose its liabilities are barred by immunity.

the City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, Mike and Lucy Stacy, Pete and Judy Garcia and Janice Frankie

489 S.W.3d 515 · Court of Appeals of Texas · Feb 11, 2016

The burden is on the plaintiff to establish subject-matter jurisdiction by showing that the entity has waived immunity from suit. Tex. Ass’n of Bus. v. Tex. … Section 271.152 of the Local Government Code waives a qualifying local governmental entity’s immunity from suit for written contracts “stating the essential terms of the agreement for providing goods or services to the