Case law

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

Alvie Campbell and Julie Campbell v. Mortgage Electronic Registration Systems, Inc., as Nominee for Lender and Lender's Successors and Assigns Wells Fargo Bank, N.A. Stephen C. Porter David Seybold Ryan Bourgeois Matthew Cunningham, and John Doe 1-100

Texas Court of Appeals, 3rd District (Austin) · May 18, 2012

The role of MERS was clearly established in the deed of trust: Borrower understands and agrees that MERS holds any legal title to the interests granted by Borrower in this Security Interest, but, if necessary to comply with … This qualified immunity generally applies even if conduct is improper in the context of the underlying lawsuit. Renfroe v. Jones & Assocs. , 947 S.W.2d 285, 288 (Tex. App.

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

First-Citizens Bank & Trust Company v. Greater Austin Area Telecommunications Network

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2010

Supporters of the bill asserted that, because of the threat of sovereign immunity, many highly qualified contractors considered bidding on local government contracts too risky, leading many contractors, especially small businesses … Such language establishes an assignment here.

Angela Jo Carter v. the Honorable Glenn Hegar, Texas Comptroller of Public Accounts

Texas Court of Appeals, 3rd District (Austin) · May 25, 2018

The Comptroller is the state agency tasked with certifying qualified vendors as HUBs. … Accordingly, we hold that Carter has failed to establish a prima facie case of disability discrimination and we overrule Carter’s issues.

Texas A&M University System v. AFEX Corporation

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

The court declined to adopt a waiver-by-conduct exception to sovereign immunity in light of the legislature's establishment of an administrative process for resolving certain contract claims against the state. … We see no reason why the settlement agreement here would not qualify as a contract for services that is covered by the administrative scheme.

Alvie Campbell and Julie Campbell v. Mortgage Electronic Registration Systems, Inc., as Nominee for Lender and Lender's Successors and Assigns Wells Fargo Bank, N.A. Stephen C. Porter David Seybold Ryan Bourgeois Matthew Cunningham, and John Doe 1-100

Texas Court of Appeals, 3rd District (Austin) · May 18, 2012

The role of MERS was clearly established in the deed of trust: Borrower understands and agrees that MERS holds any legal title to the interests granted by Borrower in this Security Interest, but, if necessary … This qualified immunity generally 10 applies even if conduct is improper in the context of the underlying lawsuit. Renfroe v.

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.

University Interscholastic League v. Southwest Officials Ass'n

319 S.W.3d 952 · 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

Kenneth Garrett v. Texas Department of Public Safety, Thomas A. Davis, Individually and in His Official Capacity, Travis County and Patricia Michele Padron, Individually and in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · May 17, 2007

Id . art. 62.091(1). (18) We conclude that Davis has failed to establish that either type of statutory immunity can support summary judgment. (19) Davis adduced no evidence to establish that his alleged actions under chapter … This "qualified immunity" is distinct from the defense under Texas law that is often interchangeably referred to as "qualified immunity," "quasi-judicial immunity," "discretionary immunity," or "good faith immunity."

Kenneth Garrett v. Texas Department of Public Safety, Thomas A. Davis, Individually and in His Official Capacity, Travis County and Patricia Michele Padron, Individually and in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · May 17, 2007

This “qualified immunity” is distinct from the defense under Texas law that is often interchangeably referred to as “qualified immunity,” “quasi-judicial immunity,” “discretionary immunity,” or “good faith immunity.” … Id. art. 62.091(1).18 We conclude that Davis has failed to establish that either type of statutory immunity can support summary judgment.19 Davis adduced no evidence to establish that his alleged actions

in Re Hays County Sheriff's Department and Hays County District Attorney's Office

Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2012

immunity has been waived. … In response, Ficke argues that the trial court’s decision was proper because under current case law, “there are clearly occasions when a governmental unit can waive immunity from suit by its conduct.”

Texas Workers' Compensation Commission v. City of Eagle Pass/Texas Municipal League Workers' Compensation Joint Insurance Fund

14 S.W.3d 801 · 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.

Triple BB, LLC v. the Village of Briarcliff, Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 15, 2018

dism’d) (barring, on sovereign immunity grounds, UDJA action against State to establish easement in real property). … Triple BB argues that the grant of an easement alone qualifies as a contract for service.

Rosaena Resendez v. Texas Commission on Environmental Quality

391 S.W.3d 312 · 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, Re-sendez must plead facts which, if true, establish a violation of section 554.002 of the whistleblower act. See id.

Darrell and Betty McIntosh, as Next Friends of Scott Bradley McIntosh, a Minor v. James Alexander, Ph.D.

Texas Court of Appeals, 3rd District (Austin) · Jun 12, 1997

The McIntoshes also contend Alexander was not entitled to summary judgment on the basis of official immunity because he failed to establish the good-faith element of official immunity. … The terms "official," "quasi-judicial," "good faith," "discretionary," and "qualified" immunity appear to be used indiscriminately and interchangeably by some courts. See City of Houston v.

Transformative Learning System D/B/A Transformative Charter Academy v. Texas Education Agency and Michael Williams in His Official Capacity as the Commissioner of Education

572 S.W.3d 281 · Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2018

To establish the district court’s jurisdiction over a controversy, a plaintiff suing the State must establish a waiver of sovereign immunity. Texas Nat. Res. Conservation Comm’n v. … However, “if a plaintiff ‘cannot 14 establish a viable takings claim’ against a governmental entity, the claim would implicate immunity and potentially be barred by it.

Texas Parks and Wildlife Department v. Fernando Flores

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2012

In this interlocutory appeal, TPWD argues that the trial court erred in denying its plea to the jurisdiction because Flores did not establish a waiver of sovereign immunity. See Tex. Civ. Prac. & Rem. … In this case, TPWD does not dispute that the supreme court in Fernandez held that the legislature clearly and unambiguously waived sovereign immunity for claims against state agencies under the Anti-Retaliation Law.

in Re Hays County Sheriff's Department and Hays County District Attorney's Office

Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2012

To demonstrate an abuse of discretion, the relator must establish that the facts and the law permit the trial court to make but one decision. … In response, Ficke argues that the trial court's decision was proper because under current case law, "there are clearly occasions when a governmental unit can waive immunity from suit by its conduct."

Travis County v. Pelzel & Associates, Inc.

30 S.W.3d 662 · Texas Court of Appeals, 3rd District (Austin) · Nov 30, 2000

Hunt County, 249 S.W. 831, 835 (Tex.1923) (“disallowance of the claim by [the commissioners] court clearly gives the right to bring suit”). … The concurring opinion today complains that the presentment statute does not clearly waive a county’s immunity.