Case law

Combs v. City of Webster

311 S.W.3d 85 · Texas Court of Appeals, 3rd District (Austin) · Apr 16, 2010

This portion of the definition is not qualified or conditional in any way on the portion of the definition referring to a retailer’s “purpose” for the location. … Appellees contend that the Room-Store warehouse does not qualify under the Comptroller’s own guidelines.

City of New Braunfels, Texas v. Carowest Land, Ltd.

432 S.W.3d 501 · Texas Court of Appeals, 3rd District (Austin) · Apr 30, 2014

I, § 17). 24 See id. 13 and governmental immunity.25 Conversely, if a plaintiff “cannot establish a viable takings claim” against a governmental entity … The City’s insistence on such specificity appears to be grounded on a misunderstanding that Carowest is relying (or can only rely) on the “ultra vires” exception to immunity to establish the district court’s jurisdiction

Texas Department of Transportation v. Albert Lara, Jr.

577 S.W.3d 641 · Texas Court of Appeals, 3rd District (Austin) · May 9, 2019

“Immunity from suit bars a suit against the State unless the Legislature expressly consents to the suit.” Texas Nat. Res. Conservation Comm’n v. … Qualified Individual While conceding the existence of Lara’s disability, the Department argues that Lara is not a qualified individual with a disability.

Texas Property and Casualty Insurance Guaranty Association, as Receiver for Employers' Casualty v. Texas Workers' Compensation Commission, Subsequent Injury Fund

Texas Court of Appeals, 3rd District (Austin) · Feb 28, 2001

The Labor Code establishes a detailed plan to determine the distribution of death benefits. Tex. Labor Code Ann. § 408.182 (West 1996). … The statutory scheme always provides for payment of benefits when a qualified death occurs. It is undisputed that John Wesley Proffer's death qualified for benefits under section 408.181.

Kobza v. Kutac

109 S.W.3d 89 · 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.

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) · Aug 3, 2015

Appellee concedes the City of Austin is a qualifying governmental entity with immunity [Appellee’s Brief, p. 7], and does not dispute that the Plan, which is a self-funded benefit plan established by the City of Austin, … If Appellee’s argument regarding Section 271.152 was accepted, every governmental entity would waive immunity when it established a self-funded plan, and Section 2259.002 would be rendered a nullity.

Texas Alcoholic Beverage Commission v. Earl Pearson

Texas Court of Appeals, 3rd District (Austin) · Mar 4, 2026

TABC filed a combined plea to the jurisdiction and motion for summary judgment, arguing that its governmental immunity was not waived because Pearson had not established a prima facie case for racial discrimination or raised … Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (Garcia I) (“[A]ll the courts of appeals that have considered it have concluded that the TCHRA clearly and unambiguously waives immunity, and we agree.”); Tex. Lab.

Texas Parks and Wildlife Department v. Nancy Gallacher

Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2014

To establish a prima facie case of failure to accommodate her disability, Gallacher had to show that (1) she is a qualified individual with a disability, (2) the disability and its consequential limitations were known … 11 sovereign immunity for those claims against TPWD.

In Re Cs

214 S.W.3d 465 · Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2006

Based on the adoption subsidy, the Stewarts do not meet the financial requirements to qualify as an adoptive placement for the children. … However, all of the cases cited by the ad litem rely on the following unique provision of the Texas Constitution: "it shall be the duty of the Legislature of the State to establish and make suitable provision for the support

Milner v. City of Leander

64 S.W.3d 33 · Texas Court of Appeals, 3rd District (Austin) · Oct 5, 2000

Whistle-blower 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.

Hays County, Texas v. Hays County Water Planning Partnership

Texas Court of Appeals, 3rd District (Austin) · Jan 17, 2002

Hays County failed to raise a claim of qualified immunity in its appeal of the denial of its summary judgment motion. … Therefore, even assuming that Hays County had properly raised legislative immunity in its appeal of the denial of summary judgment and that legislative immunity may be asserted as a type of qualified immunity under section

in the Interest of C. S. and I. P.

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

Based on the adoption subsidy, the Stewarts do not meet the financial requirements to qualify as an adoptive placement for the children. … However, all of the cases cited by the ad litem rely on the following unique provision of the Texas Constitution: “it shall be the duty of the Legislature of the State to establish and make suitable provision for the support

Texas Workers' Compensation Commission, the Subsequent Injury Fund, and Todd Brown in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission v. Texas Builders Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Jun 17, 1999

Moreover, the question of waiver of sovereign immunity for any such entity falls to the legislature, and "it is a well-established rule that for the Legislature to waive the State's sovereign immunity, it must do so by clear … clearly intended that the statutory scheme it conceived be enforceable.

State v. Operating Contractors

985 S.W.2d 646 · Texas Court of Appeals, 3rd District (Austin) · Mar 18, 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 .

Texas Parks and Wildlife Department v. Nancy Gallacher

Texas Court of Appeals, 3rd District (Austin) · Mar 4, 2015

To establish a prima facie case of failure to accommodate her disability, Gallacher had to show that (1) she is a qualified individual with a disability, (2) the disability and its consequential limitations were known … Because Gallacher did not show that she was a “qualified individual with a disability,” she did not establish a prima facie case for her disability-based claims under the TCHRA, and there is no waiver of sovereign immunity

State Office of Risk Management v. Linda L. Ribble

Texas Court of Appeals, 3rd District (Austin) · Aug 13, 2014

, which was not clearly and unambiguously waived by statute. … Further, the court determined that governmental immunity from liability for attorney’s fees had not been clearly and unambiguously waived by the Political Subdivisions Law, 2 AISD initially challenged

City of New Braunfels v. Allen

132 S.W.3d 157 · Texas Court of Appeals, 3rd District (Austin) · Apr 1, 2004

Barfield, 898 S.W.2d 288, 296 (Tex.1995) (“The statute clearly waives immunity; indeed, there would be no purpose for the Act at all if immunity were not waived.”). … Although the legislative history is unclear as to why section 554.0035 was added, we believe the first sentence of section 554.0035 and section 554.003 clearly waive immunity from suit, while the second sentence of section

State v. Lueck

212 S.W.3d 630 · Texas Court of Appeals, 3rd District (Austin) · Oct 17, 2006

Sovereign immunity is waived only when the legislature has clearly and unambiguously expressed that intent. See Tex. Gov’t Code Ann. § 311.034 (West Supp.2005); Texas Dep’t of Transp. v. … (‘We believe the first sentence of section 554.0035 ... clearly waive[s] immunity from suit, while the second sentence of section 554.0035, by its terms, waives immunity from liability.”) (emphasis in original).

City of Georgetown, Texas v. Lower Colorado River Authority

413 S.W.3d 803 · Texas Court of Appeals, 3rd District (Austin) · Aug 23, 2013

City of Mexia, 197 S.W.3d 325, 332 (Tex.2006) (noting that legislature must clearly and unambiguously waive sovereign immunity). *808 . … The legislature’s waiver of immunity from suit must be clear and unambiguous. Tooke, 197 S.W.3d at 332-33 . These principles of immunity from suit and waiver of immunity are well established.

in the Interest of C. S. and I. P.

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

Based on the adoption subsidy, the Stewarts do not meet the financial requirements to qualify as an adoptive placement for the children. … However, all of the cases cited by the ad litem rely on the following unique provision of the Texas Constitution: "it shall be the duty of the Legislature of the State to establish and make suitable provision for the support