Case law

Rosaena Resendez v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Without such a waiver, sovereign immunity deprives a court of subject-matter jurisdiction. Miranda, 133 S.W.3d at 224. … Thus, in order to qualify for section 554.0035’s limited waiver of immunity, Resendez must plead facts which, if true, establish a violation of section 554.002 of the whistleblower act. See id.

Texas General Land Office and Texas Commission on Environmental Quality // Crystal Clear Water Supply Corporation v. Crystal Clear Water Supply Corporation // Texas General Land Office and Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2014

Crystal Clear asserts that the tracts comprising the 151 acres are clearly receiving water service and that if that acreage and the Decertified Property were treated as a single tract, none of the GLO’s property would qualify … If it was not, then the property qualified for expedited decertification under section 13.254(a-5).

N.C. Sturgeon, L.P. and Wilks Masonry Corp. v. Sul Ross State University (Part of the Texas State University System)

Texas Court of Appeals, 3rd District (Austin) · Jan 16, 2003

Sovereign immunity consists of immunity from liability, which the State waives when it contracts with a private party, and immunity from suit, which is not waived by the act of entering into a contract. Id. … Generally, a party seeking to sue the State must show that the State's immunity from suit has been waived by express consent; express consent may be established by statute or legislative resolution. Id.

Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters

Texas Court of Appeals, 3rd District (Austin) · Dec 23, 2014

See id. § 143.057(d) (if officer and department head do not agree on hearing examiner within ten days, director shall request list of seven qualified neutral arbitrators). … Therefore, governmental immunity will bar an otherwise proper UDJA 11 claim seeking to construe or invalidate a statute if the remedy has the effect of establishing a

Texas Department of Transportation v. City of Sunset Valley

92 S.W.3d 540 · Texas Court of Appeals, 3rd District (Austin) · Dec 5, 2002

Sovereign Immunity In its fifth and final issue, TxDOT contends that appellees’ nuisance claims based on the use of high mast floodlights are barred by sovereign immunity. … Generally, state agencies are immune from suit unless that immunity is waived. Texas Dep’t of Transp. v. Able, 35 S.W.3d 608, 611 (Tex.2000).

Mike Morath, in His Official Capacity as Commissioner of Education for the Texas Education Agency v. Texas State Teachers Association

Texas Court of Appeals, 3rd District (Austin) · May 21, 2025

. § 11.174.1 A school district that enters into such a contract qualifies for an exemption from intervention and sanctions—and also qualifies for additional funding—if the entity with which it contracts is either (1) the … The language of the statute that general counsel is the ‘final authority’ clearly mandates that result.”)).

Walter Zawislak, MD v. Texas Medical Board

Texas Court of Appeals, 3rd District (Austin) · Jan 25, 2019

Zawislak moved to strike Moskow’s testimony and written report, alleging that Moskow was not qualified as an expert. The administrative law judge overruled Zawislak’s motion. … ; (2) in granting an untimely Rule 91a motion; (3) in not allowing him to replead to establish a waiver of immunity; (4) in sustaining the plea to the jurisdiction because the expert report and deposition testimony constitute

State v. Ricky Shumake and Sandra Shumake, Individually and as Personal Representatives of the Estate of Kayla Shumake

131 S.W.3d 66 · Texas Court of Appeals, 3rd District (Austin) · Dec 4, 2003

Nuisance and Attractive Nuisance We will first address the easier question of whether the Shumakes have established a waiver of immunity for their nuisance and attractive nuisance claims. … a waiver of immunity by alleging facts that if proved might establish gross negligence under the duty of care owed to a known trespasser.

Samuel James Jackson, No. 216204 v. Allan Polunsky, in His Official Capacity as Chairman of the Texas Board of Criminal Justice Wayne Scott, in His Official Capacity as Director of the Texas Department of Criminal Justice, Institutional Division

Texas Court of Appeals, 3rd District (Austin) · Dec 5, 1996

Jackson filed a general notice of appeal. (4) The federal defendants then filed a plea to the jurisdiction and motion to dismiss based on sovereign immunity, qualified immunity, failure to state a claim, and mootness. … Claims Against Federal Defendants The trial court dismissed Jackson's claims against the federal defendants based on sovereign immunity, qualified immunity, failure to state a claim, and mootness.

Creedmoor-Maha Water Supply Corp. v. Texas Commission on Environmental Quality

307 S.W.3d 505 · Texas Court of Appeals, 3rd District (Austin) · Mar 3, 2010

One implication of this limitation is that an otherwise proper UDJA claim seeking to construe or invalidate a statute is nonetheless barred by sovereign immunity if the remedy would have the effect of establishing a right … ” within the meaning of section 1926; (2) the utility has a qualifying federal loan outstanding; and (8) the utility “provided or made [service] available” to the disputed area.

TML Intergovernmental Employee Benefits Pool v. Prudential Insurance Co. of America

144 S.W.3d 600 · Texas Court of Appeals, 3rd District (Austin) · Jun 10, 2004

Governmental immunity encompasses two principles: immunity from suit and immunity from liability. Texas Natural Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex.2002). … -Austin 2004, pet. filed) (“It is well established that the State’s initiation of suit is an exception to sovereign immunity from suit clearly recognized by Texas courts.”).

Texas Workers' Compensation Commission v. City of Eagle Pass/Texas Municipal League Workers' Compensation Joint Insurance Fund And Capital Metro Transportation Authority/Texas Municipal League Workers' Compensation Joint Insurance Fund

Texas Court of Appeals, 3rd District (Austin) · Mar 9, 2000

While it is well established that sovereign immunity protects the federal government from state suits and vice versa, this immunity stems from the basic precept of federalism that the federal and several state governments … Read in its entirety, the Act clearly subjects political subdivisions to administrative penalties.

Texas Commission on Human Rights, Texas Workforce Commission, David Powell and Robert Gomez v. Marilou Morrison

Texas Court of Appeals, 3rd District (Austin) · Jul 8, 2011

Sovereign immunity includes two distinct principles: immunity from suit and immunity from liability. Texas Dep't of Parks & Wildlife v. Miranda , 133 S.W.3d 217, 224 (Tex. 2004) (citing Texas Dep't of Transp. v. … Garcia , 253 S.W.3d 653, 660 (Tex. 2008) (agreeing that TCHRA "clearly and unambiguously waive[d] immunity"); see also Tex. Lab.

Cloud v. McKinney

228 S.W.3d 326 · Texas Court of Appeals, 3rd District (Austin) · May 18, 2007

In his motion for summary judgment, McKinney asserted that he was immune from suit under the doctrines of sovereign immunity and official immunity. … As an affirmative defense, the burden is on the defendant to establish the elements of the defense. Id. at 653 .

the Attorney General of Texas and the Commissioner of Insurance v. Farmers Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company of Texas, Texas Farmers Insurance Company, and Farmers Texas County Mutual Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2013

In other words, they contend that former section 2251.107 does nothing more than to establish that the rate filings are public information. … Here, because Appellee Insurers have not asserted any claims, we cannot know whether they could establish a takings claim or whether, if established, that taking would remain uncompensated.

Texas Health Care Information Council v. Seton Health Plan, Inc.

94 S.W.3d 841 · Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2002

State agencies enjoy immunity from suit under the doctrine of sovereign immunity. See Federal Sign v. Texas S. Univ., 951 S.W.2d 401, 405 (Tex.1997). … The record does not reflect that the district court clearly abused its discretion. We overrule the State’s third issue.

Rosie Vanarsdale, Individually and as Representative of the Estate of Kadrian T. Vanarsdale and Vinson Vanarsdale v. City of Killeen and Andrew Pence

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

The standards for reviewing a motion for summary judgment are well established: (1) the movant has the burden of showing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law … Said failure was a proximate cause of the unnecessary escalation of force, which resulted in the clearly foreseeable shooting death of Kadrian T.

Murray Watson, Jr. Pecos Higher Education Authority Brazos Higher Education Authority Texas Bond Review Board George W. Bush, Rick Perry, Carol Keeton Rylander, James E. "Pete" Laney, Board Members And Jim Buie, Executive Director v. North Texas Higher Education Authority, Inc. and Panhandle-Plains Higher Education Authority, Inc.

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

Sovereign Immunity 11  The Board also argues that the doctrine of sovereign immunity prevents the district court from exercising jurisdiction. … closing of qualified student loan bonds by each issuer.

John Charles Alexander AKA Bobby Ray Miller v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 8, 2011

Sovereign immunity includes two distinct principles: immunity from suit and immunity from liability. Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex. 2004) (citing Texas Dep’t of Transp. v. … Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (agreeing that TCHRA “clearly and unambiguously waive[d] immunity”); see also Tex. Lab. Code Ann.

Officials Acting in Their Official Capacities for the City of Austin Development Services Department:Denise Lucas, in Her Official Capacity as Director v. Austin Nightlife, LLC D/B/A Summit Lounge

Texas Court of Appeals, 3rd District (Austin) · Apr 20, 2023

waiver of immunity by the Legislature. … (explaining that remand “is a mechanism for parties . . . to plead facts tending to establish [] jurisdiction” and not for parties to plead new claims).