Case law

James Allen Walker, Jr. v. City of Brady and Richard L. Cory

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 1992

The statute clearly contemplates that an individual receive notice before any disciplinary action is taken. The facts fail to establish that the City complied with the statutory requirements before demoting Walker. … Section 37.009 contains no express or implied waiver of sovereign immunity. Id . We reject Walker's assertion that sovereign immunity is waived in declaratory judgment actions.

Austin Independent School District v. Gutierrez

54 S.W.3d 860 · Texas Court of Appeals, 3rd District (Austin) · Oct 4, 2001

To establish a waiver of immunity from suit, a plaintiff need only allege that a government motor vehicle was used or operated, and that there was a nexus between the injury and the operation or use of the motor vehicle by … The cases cited by the parties would seem to establish that this constitutes a “use.” See, e.g., Hitchcock, 738 *867 S.W.2d at 34.

the University of Texas at Austin v. Dijaira B. Smith

Texas Court of Appeals, 3rd District (Austin) · Nov 25, 2015

Thus, to qualify for the Act’s waiver of immunity, Smith must have pleaded facts which, if true, establish a violation of section 554.002. … University remains immune from this suit.

Travis Central Appraisal District v. Norman

274 S.W.3d 902 · Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2008

TCAD’s policy handbook provides, in relevant part, that “[a]n employee who has a complaint concerning disciplinary probation, suspension, termination, demotion, or denial of a promotion of a qualified employee ... shall have … under chapter 451 and a whistleblower claim under chapter 554, the fact that immunity is clearly waived under the whistleblower statute suggests that immunity is also waived under chapter 451.

Travis County, Texas v. Pelzel & Associates, Inc.

Texas Court of Appeals, 3rd District (Austin) · Oct 19, 2000

The concurring opinion today complains that the presentment statute does not clearly waive a county's immunity. … The concurring opinion today complains that the presentment statute does not clearly waive a county's immunity.

Foster v. Teacher Retirement System

273 S.W.3d 883 · Texas Court of Appeals, 3rd District (Austin) · Dec 23, 2008

She asserts that the enabling language “encompasses a waiver of immunity,” arguing that the legislature empowered TRS to establish benefits plans and develop procedures to administer claims and that “[o]ne procedure for administering … Only if the plaintiff alleges actions that were criminal, fraudulent, grossly negligent, or “otherwise clearly outside the scope of its delegated authority, then the intermediary may not be entitled to the immunity it seeks

Texas Logos, L.P. v. Texas Department of Transportation

241 S.W.3d 105 · Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2007

City of Mexia, 197 S.W.3d 325, 331-32 (Tex.2006) (sovereign immunity “remains firmly established, and as it has come to be applied to the various governmental entities in this State, an important purpose is pragmatic: to … An otherwise-proper declaratory claim alleging statutory violations may nonetheless have the effect of establishing a right to a remedy that is barred by sovereign immunity.

Carol Ann Milner v. City of Leander Axia Services, Inc. And Texas Municipal League Intergovernmental RiskPool

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2000

Whistleblower Act, for which immunity had clearly been waived. … it provided that plaintiffs had to elect as between the Anti-Retaliation Law and the Whistleblower Act, for which immunity had clearly been waived.

Stanley Bacon, Jr. v. Texas Historical Commission

411 S.W.3d 161 · Texas Court of Appeals, 3rd District (Austin) · Sep 12, 2013

In order for a statute to be construed by the courts as allowing a claim against the government, it must clearly and unambiguously waive sovereign immunity. … Furthermore, THC’s delegated authority to “award” markers and “approve” or “reject” text is not qualified or limited so as to exclude control over substantive or historical content in particular, as Bacon suggests.

State v. Oakley

181 S.W.3d 855 · Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2005

We think this misapplies and misunderstands the purpose of the supreme court’s language requiring a statute to waive sovereign immunity clearly and unambiguously. … In chapter 103, the legislature clearly expressed its intent to waive immunity when a person has been wrongfully convicted.

the United Healthcare Choice Plus Plan for City of Austin Employees and the City of Austin v. Charles Lesniak

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2015

Here, there is no dispute that the City of Austin is a qualifying local governmental entity under the statute. … The Plan meets the test of the statute and falls under the waiver of immunity established by the Legislature.

the City of Austin v. Donald Baker

Texas Court of Appeals, 3rd District (Austin) · Jun 21, 2018

“The TCHRA waives immunity, but only when the plaintiff states a claim for conduct that actually violates the statute.” Id. (citing Garcia, 372 S.W.3d at 637). … DISCUSSION To overcome the City’s governmental immunity and establish jurisdiction, Baker must generate a genuine issue of fact as to each element of his retaliation claim.

Ramirez v. Fifth Club, Inc.

144 S.W.3d 574 · Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2004

Section 51.212 of the education code establishes the jurisdiction for campus security personnel. … However, Fifth Club did nothing to ensure that the security personnel hired were qualified for employment.

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

Texas Court of Appeals, 3rd District (Austin) · Aug 14, 2015

Audi is also requesting retroactive relief, and such relief is barred by qualified immunity. … Dewhurst, the Third Court of Appeals clearly explained: It is also well-established that where a trial court’s jurisdiction depends upon whether a state official’s acts are within her constitutional or

the University Interscholastic League v. Southwest Officials Association, Inc., D/B/A Texas Association of Sports Officials

Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2010

In Saenz , the Fifth Circuit stated that "the UIL clearly is imbued with ample characteristics to warrant the trial court's determination that the organization is an agency of the State of Texas," and therefore immune from … The UIL qualifies as a "governmental unit" under section 101.001(3) both as a part of UT-Austin, which derives its authority directly from the Texas Constitution, and because it derives its own status and authority from the

Levi Barriere v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2010

In Saenz, the Fifth Circuit stated that “the UIL clearly is imbued with ample characteristics to warrant the trial court’s determination that the organization is an agency of the State of Texas,” and therefore immune from … The UIL qualifies as a “governmental unit” under 16 Waiver of Sovereign Immunity Because the UIL is entitled to sovereign immunity from suit, the trial

Texas Department of Transportation v. Ramirez

72 S.W.3d 376 · Texas Court of Appeals, 3rd District (Austin) · Apr 5, 2001

In other words, establishing when and to what extent sovereign immunity from suit should be waived is solely within the realm of the Legislature. Id.; Federal Sign, 951 S.W.2d at 409 . … The original petition failed to mention either section 101.021(2) or 101.025, the provision establishing the parameters of the Act’s waiver of immunity from suit and the express waiver itself.

A. I. Divestitures, Inc.// the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality v. the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality// A. I. Divestitures, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jun 2, 2016

We concluded that the civil penalties the State sought did not qualify as damages or monetary relief as those terms were used in Reata. Id. at *8. … We have concluded that most of A.I.’s claims are moot and that its breach of contract claim is barred by sovereign immunity.8 Repleading will not revive moot claims or establish a waiver of immunity.

Gustafson v. City of Austin

110 S.W.3d 652 · Texas Court of Appeals, 3rd District (Austin) · Jun 26, 2003

By six issues on appeal, Gustafson argues that the trial court erred in finding that: (1) the City of Austin enjoyed sovereign immunity; (2) Morris enjoyed official immunity; (3) Gustafson’s case was barred because there … Therefore, if Morris and the City of Austin establish the substantial truth of the statement as a matter of law, they are entitled to summary judgment. McIlwain v.

John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 2015

, and it requires a plaintiff to establish his or her right to declaratory relief in order to establish jurisdiction. … This Court’s prior holdings treat the constitutional provisions as waivers of immunity and require that the plaintiff plead a valid cause of action thereunder in order to establish immunity.