Case law

the University of Texas - Pan American and the University of Texas System v. Howard Miller

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2013

that the UT System waived its sovereign immunity under the TCHRA. … Therefore, Miller has established that the UT System’s immunity is waived under the TCHRA, and the district court properly denied the plea to the jurisdiction on this ground.

STATE EX REL. DEPT. OF PARKS v. Shumake

131 S.W.3d 66 · Texas Court of Appeals, 3rd District (Austin) · Apr 15, 2004

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.

Texas Department of Transportation v. Cecilia M. Ramirez, Individually , as Next Friend of Cynthia Cecilia Ramirez and Melinda Amanda Ramirez, Minors And as Heir of the Estate of Ruben Armando Ramirez, Sr.

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.

Mendez v. State

56 S.W.3d 880 · Texas Court of Appeals, 3rd District (Austin) · Oct 11, 2001

Thus, while the court has established guidelines for admissibility under the Rule, no case is squarely in point with the one before us. … For example, in this case Flores was offered use immunity at appellant’s trial. 10 .

Hannah R. Tanner v. Texas State University

Texas Court of Appeals, 3rd District (Austin) · Jun 11, 2025

The supreme court concluded that Tanner “has not established, and cannot establish, diligence in service on the University,” which is a means to establish timely service. Id. at 304. … We narrowly construe statutory waivers of immunity because “the Legislature’s intent to waive immunity must be clear and unambiguous.” Id. at 655 (citing Tex. Gov’t Code § 311.034).

Texas State Board of Public Accountancy v. Carl Bass, Thomas Bauer and Patricia Grutzmacher

Texas Court of Appeals, 3rd District (Austin) · Jan 14, 2011

"If the pleadings are insufficient to establish jurisdiction but do not affirmatively demonstrate an incurable defect, the plaintiff should be afforded the opportunity to replead." Id. at 643 . … In addition, although the court broadly stated that suits seeking equitable relief are not prohibited, the court did not identify what types of remedies qualify as permissible equitable relief.

Brad Livingston, in His Official Capacity as the Executive Director of the Texas Department of Criminal Justice v. Laura Beeman and Janet Lock

408 S.W.3d 566 · Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2013

and that nothing in chapter 121 waived that immunity. … (holding plaintiff failed to establish private correctional facility was a place of public accommodation under Title III of the ADA); Edison v. Douberley, No. 2:05-CV-307-FtM-29SPC, 2008 WL 4194813, at *4 (M.D. Fla.

The State of Texas v. the City of Houston, the City of San Antonio, and the City of El Paso

Texas Court of Appeals, 3rd District (Austin) · Jul 18, 2025

If an enforcement connection exists between the Act and the State by virtue of the State qualifying as a “person,” then an enforcement connection exists between the Act and every individual, business, and entity that qualifies … Clearly, that can’t be the case.

Dominguez v. Gilbert

48 S.W.3d 789 · Texas Court of Appeals, 3rd District (Austin) · May 17, 2001

The issue before us is whether the information qualifies for an exception under the Act. … The burden is on the party seeking to avoid discovery to plead the basis for exemption or immunity and to produce evidence supporting that claim....

McLane Company, Inc. and McLane Foodservice-Lubbock, Inc. v. Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 14, 2004

By that language, the legislature clearly gave the Comptroller the authority and responsibility to manage and administer the Fund, including the authority to decide what collateral to accept in lieu of Fund participation … 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.

Austin Materials, LLC v. Christina Rosado, as Guardian for Sonia Troche, an Incapacitated Person Julizandra Cedeno Lyzandra Cedeno And Kazandra Cedeno

Texas Court of Appeals, 3rd District (Austin) · May 26, 2023

A judgment is final for purposes of appeal if it “actually disposes of every pending claim and party” or if “it clearly and unequivocally states that it finally disposes of all claims and parties, even if it does not actually … Statutory Immunity Austin Materials argued in its third issue that it conclusively established its entitlement to immunity under Section 97.002.

McLane Company, Inc. and McLane Foodservice-Lubbock, Inc. v. Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas

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.

Ken Bailey and Bradley Peterson v. Carter Smith, Executive Director Clayton Wolf, Wildlife Division Director Mitch Lockwood, Big Game Program Director And Texas Parks &Wildlife Department

Texas Court of Appeals, 3rd District (Austin) · Jun 28, 2019

A movement-qualified facility loses that status if it does not meet the requirements of Subsection (d) “by March 31 of any year.” Id. § 65.604(f). … properly defensive to those asserted by the 4 Sovereign immunity “also extend[s] to immunity from liability, but only immunity from suit implicates jurisdiction.”

Patton v. Jones

212 S.W.3d 541 · Texas Court of Appeals, 3rd District (Austin) · Oct 5, 2006

This is not to say that religious organizations are immune from all tort claims arising out of employment decisions relating to their pastors. … Torts such as battery, false imprisonment or conversion probably would fall within the exception to church immunity set out in Sherbert [v.

Benedict C. Ogbodiegwu v. Bryan Daniel, in His Official Capacity Edward Serna, in His Official Capacity Isabel Camarilla, in Her Official Capacity J. Tucker, in His Official Capacity C. Gloria, in His Official Capacity Texas Workforce Commission Julian Alvarez, in His Official Capacity Aaron Demerson, in His Official Capacity And B. Grayson, in His Official Capacity

Texas Court of Appeals, 3rd District (Austin) · May 31, 2023

The State of Texas and its agencies, including the Commission, “retain sovereign immunity from suit unless the Legislature clearly and unambiguously waives it.” See Christ v. … to “affirmatively demonstrate” a valid waiver of immunity.

Texas Political Subdivisions Joint Self-Insurance Fund v. Texas Department of Insurance - Division of Workers' Compensation and Commissioner Cassie Brown in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2023

guidelines for establishing such an account. … Read in its entirety, the Act clearly subjects political subdivisions to administrative penalties. 4 In 2005, the Texas Legislature made adjustments to the workers’ compensation system that included

Robert Scott, Commissioner of Education v. Alphonso Crutch LSC Charter School, Inc.

392 S.W.3d 165 · Texas Court of Appeals, 3rd District (Austin) · Aug 20, 2010

The Commissioner argues that all of the School’s claims are barred by sovereign immunity. Sovereign immunity embraces two principles: immunity from suit and immunity from liability. Federal Sign v. Texas S. … The School contends that this statement is inaccurate and, therefore, the Commissioner “has clearly acted beyond the scope of authority granted by the Legislature.”

Texas State University - San Marcos v. Sam and Betty Bonnin, Individually, and as Independent, Co-Administrators of the Estate of Jason Lee Bonnin

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2008

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. … Furthermore, TCAD’s governmental immunity is waived for retaliatory- discharge claims under chapter 451.

John Click and Kristen Click v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · Oct 15, 2010

ASIM argues that the examination report qualifies as an action of the Commissioner under section 36.201 as a “decision” or “other ruling,” and therefore an appeal may be taken from the report under section 36.202. … Waiver of Immunity Under the UDJA ASIM next argues that sovereign immunity is waived under the UDJA.

Albert Hawkins, Executive Commissioner of the Texas Health and Human Services Commission The Texas Health and Human Services Commission Anne Sapp, Acting Commissioner of the Texas Department of Human Services And the Texas Department of Human Services v. El Paso First Health Plans, Inc. and Community Health Choice, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2007

Rather, it is qualified by the requirement that a state opting to participate in Medicaid must fully comply with the federal statutes and regulations governing the program. See Schweiker v. … To qualify for federal assistance, a state must submit and have approved a "plan for medical assistance," which must establish a scheme for reimbursing health care providers for medical services provided to Medicaid recipients