Case law

Texas Parks and Wildlife Department v. Fernando Flores

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2012

In this interlocutory appeal, TPWD argues that the trial court erred in denying its plea to the jurisdiction because Flores did not establish a waiver of sovereign immunity. See Tex. Civ. Prac. & Rem. … In its sole issue on appeal, TPWD contends that the trial court erred in denying its plea because the legislature has not clearly and unambiguously waived sovereign immunity from suit under the Anti-Retaliation Law, as

State v. BP America Production Co.

290 S.W.3d 345 · Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2009

necessary to establish BP’s standing. … We cannot conclude that the legislature, by providing section 2001.038’s limited waiver of sovereign immunity to permit certain challenges to agency rules, clearly and unambiguously manifested its intent to waive immunity

City of Round Rock and Round Rock Fire Chief Larry Hodge v. Mark Whiteaker

Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2007

Whiteaker clearly has standing to assert his claims. … Nor can we discern any other basis in chapter 143—explicit or implicit—for concluding that the legislature clearly and unambiguously intended to waive governmental immunity against a claim like Whiteaker’s in particular

Darrell and Betty McIntosh, as Next Friends of Scott Bradley McIntosh, a Minor v. James Alexander, Ph.D.

Texas Court of Appeals, 3rd District (Austin) · Jun 12, 1997

The McIntoshes also contend Alexander was not entitled to summary judgment on the basis of official immunity because he failed to establish the good-faith element of official immunity. … The terms "official," "quasi-judicial," "good faith," "discretionary," and "qualified" immunity appear to be used indiscriminately and interchangeably by some courts. See City of Houston v.

City of Round Rock and Round Rock Fire Chief Larry Hodge v. Mark Whiteaker

Texas Court of Appeals, 3rd District (Austin) · Sep 14, 2007

Whiteaker clearly has standing to assert his claims. … has clearly and unambiguously stated otherwise"). (10) The supreme court has also stated that sovereign immunity protects the state and its subdivisions against suits seeking to "control state action."

City of Round Rock and Round Rock Fire Chief Larry Hodge v. Mark Whiteaker

Texas Court of Appeals, 3rd District (Austin) · Sep 14, 2007

Whiteaker clearly has standing to assert his claims. … 26 establishes a right to money damages.

Johnson v. Texas Department of Transportation

905 S.W.2d 394 · Texas Court of Appeals, 3rd District (Austin) · Aug 16, 1995

In other words, the Manual guidelines establish a minimum, not a maximum, distance for locating signs near a road. … Various sections of the Act qualify the waiver of governmental immunity contained in section 101.021 of the Act.

Lakey v. Taylor Ex Rel. Shearer

278 S.W.3d 6 · Texas Court of Appeals, 3rd District (Austin) · Feb 18, 2009

Sovereign Immunity The Commissioner argues that even if Advocacy and the individual appel-lees have standing, their suit is barred by sovereign immunity. … Absent an express waiver of sovereign immunity, the State, its agencies, and its officials are generally immune from suit. State v. Holland, 221 S.W.3d 639, 643 (Tex.2007).

Elizabeth Kobza v. Gladys Kutac, as Mother and Next Friend of Aaron Kutac And Michelle Beyer

Texas Court of Appeals, 3rd District (Austin) · May 30, 2003

Clearly, establishing rapport with students enhances the learning environment, one of the objectives for which a teacher is employed. Although Ms. … Clearly, Ms. Kobza used poor judgment and the joke backfired. However, there is not a prescription or definition of exactly what a teacher must do to establish rapport with a student.

McLane Co., Inc. v. Strayhorn

148 S.W.3d 644 · Texas Court of Appeals, 3rd District (Austin) · Oct 14, 2004

We now turn to McLane’s pleadings to determine whether it established jurisdiction. … Waiver of Immunity Based on the Protest Statutes McLane also sought to establish jurisdiction under the protest statutes, sections 112.051 and 112.101 of the tax code.

Elizabeth Kobza v. Gladys Kutac, as Mother and Next Friend of Aaron Kutac And Michelle Beyer

Texas Court of Appeals, 3rd District (Austin) · May 30, 2003

Clearly, establishing rapport with students enhances the learning environment, one of the objectives for which a teacher is employed. Although Ms. … Clearly, Ms. Kobza used poor judgment and the joke backfired. However, there is not a prescription or definition of exactly what a teacher must do to establish rapport with a student.

Mark Joseph Watson v. City of San Marcos

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2024

sovereign immunity and the doctrine of res judicata. … Each of these is a section 11.054(1)(A) qualifying litigation. See Tex. Civ. Prac. & Rem. Code § 11.054(1)(A).

Randal David Pepper v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2011

4 for tort alleged, and “that suit is brought under the Act when it is filed, not when waiver of immunity by the Act is established”). … Moreover, subsection 101.106(f) makes no reference to subsection 101.106(b) or otherwise suggests that it is an exception to the permanent immunity established under subsection 101.106(b).

Texas Adjutant General's Office v. Michele Ngakoue

Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2011

the Act when it is filed, not when waiver of immunity by the Act is established"). … Moreover, subsection 101.106(f) makes no reference to subsection 101.106(b) or otherwise suggests that it is an exception to the permanent immunity established under subsection 101.106(b).

City of Austin v. Katherine Michelle Miller

Texas Court of Appeals, 3rd District (Austin) · May 1, 2025

Subsection 101.021(2)’s text does not clearly and unambiguously waive liability for strict-liability claims, and the supreme court has construed that subsection to require a showing of proximate cause, see Bossley, 968 … plaintiff, which was substantial factor in dog’s escaping car and causing plaintiff’s injuries); see also Heard, 252 S.W.3d at 110 (concluding that plaintiff established waiver of immunity by alleging that city zoo “used

SSC Missouri City Operating Company, LP SSC Richmond Operating Company, LP HMG Park Manor of Quail Valley LLC Rosenberg Health & Rehabilitation Center LP and Nexion Health at Beechnut, Inc. v. Texas Department of Aging and Disability Services And Adelaide Horn, Individually and in Her Official Capacity as Commissioner of the Texas Department of Aging and Disability Services

Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2009

BACKGROUND The legislature has charged the Department to administer the Medicaid program in Texas to provide health care services for citizens who qualify for Medicaid. Tex. Hum. Res. … Once certified, a nursing facility may apply to the Department for an allocation of Medicaid beds to provide nursing home services to qualified Texas citizens. Id. § 19.2322.

Gregorio Garza v. Blue Cross and Blue Shield of Texas, Inc. And Group Life & Health Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Dec 2, 1999

Garza appeals now on three issues: (1) appellees did not establish as a matter of law the elements of official immunity; (2) affidavits filed in support of Appellees' motion are incompetent proof because, among other things … In these circumstances, it cannot be said as a matter of law that Appellees established their affirmative defense of official immunity. See NF Indust. v.

State of Texas/Operating Contractors ABS Emissions, Inc. v. Operating Contractors/State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 28, 1999

sovereign immunity. … Prior to 1990, Texas had a decentralized emissions testing program; any qualified auto repair shop or gas station could perform emissions testing. 4.

Austin Independent School District v. Rodney Anderson

Texas Court of Appeals, 3rd District (Austin) · Aug 25, 2022

In response to the suit, AISD filed a plea to the jurisdiction on the ground that it is protected from suit by governmental immunity and that Anderson had failed to establish a valid waiver of immunity under either the … When a governmental defendant challenges jurisdiction on the basis of immunity, the plaintiff’s burden of affirmatively demonstrating jurisdiction includes establishing a waiver of immunity.

Texas Parks & Wildlife Department v. Callaway

971 S.W.2d 145 · Texas Court of Appeals, 3rd District (Austin) · Jun 11, 1998

Clearly, one purpose of Callaway’s suit is to establish the validity of the rights and obligations granted in the easement. … Since Callaway primarily seeks money damages, his request for declaratory judgment does not fit under the exception to sovereign immunity established in Cobb .