Case law

Dearl Gene Foxworth v. State of Texas and the Attorney General of Texas, on Behalf of the Texas Employment Commission

Texas Court of Appeals, 3rd District (Austin) · Jan 19, 1994

In reviewing a factual sufficiency challenge, we must consider, weigh, and examine all of the evidence in the record, and set aside a finding only if it so contrary to the overwhelming weight of the evidence as to be clearly … Foxworth argues in his fifth point that the trial court erred in holding that sovereign immunity barred his claim against the State for damages and attorney's fees.

Brian Charles Smith Robert Hammond, David Talton And John Collins, Individually, and on Behalf of All Others Similarly Situated v. Greg Abbott, in His Official Capacity as Attorney General of the State of Texas Cathleen Parsley, in Her Official Capacity as Chief Administrative Law Judge, State Office of Administrative Hearings And Alicia Key, in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2009

Sovereign immunity In the district court, appellees asserted that sovereign immunity barred all of appellants' claims. … Consequently, sovereign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived. See City of Houston v.

Esperanza Andrade, in Her Official Capacity as Secretary of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana and David Van Os

Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2009

Lanier, 997 S.W.2d 259, 262, 264 (Tex. 1999) (qualified voter who signed an initiative petition had standing to challenge the form in which referendum put to citizens). … Sovereign immunity is properly asserted in a plea to the jurisdiction, see Miranda, 133 S.W.3d at 225-26, and, absent an express waiver of sovereign immunity, the State is generally immune from suit. State v.

Esperanza Andrade, in Her Official Capacity as Secretary of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana and David Van Os

Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2009

Lanier , 997 S.W.2d 259, 262, 264 (Tex. 1999) (qualified voter who signed an initiative petition had standing to challenge the form in which referendum put to citizens). … Sovereign immunity is properly asserted in a plea to the jurisdiction, see Miranda , 133 S.W.3d at 225-26 , and, absent an express waiver of sovereign immunity, the State is generally immune from suit. State v.

Burnet County Appraisal District and Burnet County Appraisal Review Board v. J. M. Huber Corporation, Calcium Carbonate Division

808 S.W.2d 613 · Texas Court of Appeals, 3rd District (Austin) · Apr 17, 1991

The Code establishes, in each county, an appraisal district which must in turn establish an appraisal office. Code, §§ 6.01, 6.05 (1982 & Supp. 1991). The chief appraiser administers the appraisal office. … Section 41.-44(d) clearly indicates that three simple requirements “are sufficient” to constitute a notice of protest.

Glenn Allen Hegar, Jr., Texas Comptroller of Public Accounts v. Arnulfo P. Alcorta

Texas Court of Appeals, 3rd District (Austin) · Aug 18, 2023

The Comptroller thereafter filed a motion for rehearing and a motion for en banc reconsideration of Alcorta I, arguing in both motions that the March 2018 claim did not qualify as a statutory claim. … The Comptroller did not establish a jurisdictional fact by the September 2016 EasyLobby visitor report, and the trial court had already considered the September 2017 EasyLobby report when analyzing the amended plea to

State v. Mid-South Pavers, Inc.

246 S.W.3d 711 · Texas Court of Appeals, 3rd District (Austin) · Feb 21, 2008

The Board’s final order showed that the Board clearly found both witnesses to be credible. Id. … immunity for those claims.

Concho County, Texas v. Billy Randall Gough, as Temporary Administrator of the Estate of Gary August Gough

Texas Court of Appeals, 3rd District (Austin) · Dec 9, 2011

In that case, the court grappled with determining the minimum requirement for establishing knowledge of alleged fault. … In this case, an allegation of such responsibility was clearly communicated.

Tramel R. Bracey v. City of Killeen, Texas And Police Chief Dennis Baldwin

417 S.W.3d 94 · Texas Court of Appeals, 3rd District (Austin) · Nov 6, 2013

It observed that while Subchapter B’s requirements were clearly mandatory, nothing in that statute purported to make them jurisdictional; that Subchapter B “contains no specific consequences for noncompliance”; and that … Although the UDJA provides limited waivers of immunity, Bracey’s claims regarding violations of Subchapter B fall outside of them.

State, Water Dev. v. Hearts Bluff Game

313 S.W.3d 479 · Texas Court of Appeals, 3rd District (Austin) · May 13, 2010

Because sovereign immunity has not been waived, the trial court lacked subject-matter jurisdiction. … We believe the regulations governing the creation of mitigation banks clearly allow the Corps to exercise its discretion to approve or deny a mitigation-banking permit.

Farm and Ranch Freedom Alliance v. the Texas Department of Agriculture and Sid Miller, in His Official Capacity as Commissioner

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

Part 112 established, “for the first time, science-based minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables grown for human consumption.” … FARFA’s formal comments were contained in a twelve-page letter that “clearly and logically walked through the extensive list of concrete, objective reasons why FARFA’s suggested changes to the proposed rule[s] were necessary

Texas Department of Transportation, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson v. City of Sunset Valley, Terrance R. Cowan, and Donald Hurwitz

Texas Court of Appeals, 3rd District (Austin) · Jun 13, 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. … 18  Generally, state agencies are immune from suit unless that immunity is waived.

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) · Apr 9, 2015

[8] Having determined that subject-matter jurisdiction is The Appellees have not identified any public interest in established by the APA for agency rule challenges, we must ensuring that all qualified … A–90–CA– However, the record clearly demonstrates that both Students 764 (W.D.Tex.

Roger Bufler and Sandy Bufler v. Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Jan 12, 2015

Whether undisputed evidence of jurisdictional facts establishes the trial court's jurisdiction is reviewed de novo by this Court. Miranda, 133 S.W.3d at 226. 2. Sovereign immunity. … The burden is on the plaintiff to establish subject matter jurisdiction by showing that immunity from suit has been waived. Jones, 8 S.W.3d at 638. Subject matter jurisdiction is a question of law. Mayhew v.

City of Dallas v. the Sabine River Authority of Texas

Texas Court of Appeals, 3rd District (Austin) · Nov 20, 2015

These cases clearly stand for the proposition that the UDJA waives immunity for challenges to the validity of legislative enactments or pronouncements of all governmental entities. … The Declaratory Judgments Act clearly waives SRA’s immunity for determining the validity of its legislative action.

Michael Wayne Bohannan v. Texas Board of Criminal Justice and Texas Department of Criminal Justice

Texas Court of Appeals, 3rd District (Austin) · Mar 6, 1997

Bohannan's declaratory judgment cause of action is clearly precluded by statute and is therefore frivolous. … by immunity.

Victoria Joint Venture and Thomas A. Anderson, III v. James Wayne, John Pouland, and Norman Donelson

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 1995

This clearly falls within the scope of sections 5(a) and 5( l ) of the Wayne lease. … Governmental employees can assert the affirmative defense of official immunity from suit only if they establish three elements: (1) that the suit arises from the performance of discretionary duties; (2) that they acted within

Brent Dalrymple and Diane Marie Dalrymple v. the University of Texas System, and F. J. Brewerton, Jerry Prock, and Gilberto De Los Santos, in Their Official and Individual Capacities

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 1997

DISCUSSION Official Immunity We first address point of error one in which the Dalrymples contend the administrators were not entitled to official immunity from their claims. … Official immunity is an affirmative defense. Id .

Beacon National Insurance Company First Preferred Insurance Company And Petrolia Insurance Company v. Jose Montemayor, in His Official Capacity as Commissioner of Insurance The Texas Department of Insurance John Cornyn, in His Official Capacity as Attorney General And the Office of the Attorney General

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2002

doctrine of sovereign immunity. … Nothing in Beacon=s complaints qualifies as an attack on an agency Arule@ as the statute defines that term. See id. ' 2001.003(6).

Texas Health and Human Services Commission v. Anna Lisa Guajardo

Texas Court of Appeals, 3rd District (Austin) · Dec 14, 2010

Texas law is well established that absent an express waiver of its sovereign immunity, the State and its agencies are generally immune from suit. See State v. … [Plaintiff]'s supplement to her third amended petition clearly was an attempt to re-plead to cure the jurisdictional defects raised by the plea to the jurisdiction.