law-sovereign-immunity

law-sovereign-immunity | governmental immunity | Texas Tort Claims Act Waiver of Immunity |

“Sovereign immunity protects the State from lawsuits for money damages.” Tex. Nat.
Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002). But “an action
to determine or protect a private party’s rights against a state official who has acted
without legal or statutory authority is not a suit against the State that sovereign
immunity bars.” Fed. Sign v. Tex. S. Univ., 951 S.W.2d 401, 405 (Tex. 1997).
City of El Paso v. Heinrich, No. 06-0778 (Tex. May 1, 2009)(Jefferson)
(governmental immunity)(retrospective monetary relief barred; prospective relief against official capacity
defendant not barred by immunity, no individual-capacity claims, ergo official immunity inapplicable)

The State of Texas is protected from suits for damages by sovereign immunity, unless
waived by statute. Gen. Servs. Comm’n v. Little-Tex Insulation Co., Inc., 39 S.W.3d
591, 594 (Tex. 2001); Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999) (per curiam).
Legislative consent to waive sovereign immunity by statute must be by “clear and unambiguous language,”
TEX. GOV’T CODE § 311.034, and suit can then be brought “only in the manner indicated by that consent.”
Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 694 (Tex. 2003) (citing Hosner v. DeYoung, 1 Tex. 764,
769 (1847)). “[W]hen construing a statute that purportedly waives sovereign immunity, we generally resolve
ambiguities by retaining immunity.” Wichita Falls State Hosp., 106 S.W.3d at 697. TxDoT v. York, No. 07-0743
(Tex. Dec. 5, 2008)(per curiam) (TTCA, dangerous road conditions, special defect)

RECENT SOVEREIGN IMMUNITY RULINGS FROM THE TEXAS SUPREME COURT
| Also see --> Texas Tort Claims Act (TTCA) Appeals

Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD) No. 06-0525 (Tex.
Mar. 28, 2008)(per curiam) (governmental immunity, breach of contract, statutory waiver)
TREND OFFSET PRINTING SERVICES, INC. v. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT; from
Collin County; 5th district (05-05-00456-CV, ___ S.W.3d ___, 04-27-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

City of Dallas v. De Q uire, No. 06-0543 (Tex. Mar. 28, 2008)(per curiam)
(local governmental entities, immunity waiver)
CITY OF DALLAS v. DWIGHT DEQUIRE, MICHAEL FELINI, TERRANCE HOPKINS AND LEROY QUIGG; from
Dallas County; 5th district (05-04-01865-CV, 192 S.W.3d 663, 04-18-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Nueces County v. San Patricio County, No. 07-0166 (Tex. Jan. 25, 2008)(per curiam) (governmental immunity,
county vs county dispute over wrongfully collected property taxes)
NUECES COUNTY v. SAN PATRICIO COUNTY; from Refugio County; 13th district (13-05-00022 CV, 214 S.W.
3d 536, 12-07-2006)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court vacates the court of appeals' judgment and renders judgment.

RECENT COURTS OF APPEALS DECISIONS ON SOVEREIGN IMMUNITY IN
WHICH TEXAS SUPREME COURT DENIED REVIEW

07‑0145
ALBERT HAWKINS, EXECUTIVE COMMISSIONER OF THE TEXAS HEALTH AND HUMAN SERVICES
COMMISSION, ET AL. v. EL PASO FIRST HEALTH PLANS, INC. AND COMMUNITY HEALTH CHOICE, INC.;
from Travis County; 3rd district (03‑04‑00663‑CV, 214 SW3d 709, 01-11-07)
The trial court correctly denied the Commission's plea to the jurisdiction because sovereign immunity does not protect a state
agency from a suit brought by a party claiming that the state agency has acted outside of its authority and seeking to determine
the proper construction of the applicable statutes and to obtain a declaration of the party's rights under the statutes. See IT-Davy,
74 S.W.3d at 855. On this basis, we overruled the Commission's second issue.
The declarations issued by the trial court regarding the eligibility and retroactive disenrollment of SSI-eligible children from
Community Health Choice's STAR MCO, both within and outside of Harris County, and from El Paso First's CHIP MCO across
Texas were consistent with the applicable provisions in the state and federal statutes, administrative rules, and various
contracts governing these parties. On this basis, we overruled the Commission's first issue.
Having overruled both issues raised by the Commission on appeal, we affirm the trial court's judgment.

08-0364
GARRY DAVID GALLARDO v. JOE D. TACKITT, SHERIFF OF WILSON COUNTY, TEXAS; WILSON COUNTY,
TEXAS; AND UNKNOWN INDEMNIFYING BOND COMPANIES FOR THE SHERIFF AND WILSON COUNTY,
TEXAS; from Wilson County; 4th district (04-07-00635-CV, ___ SW3d ___, 04-02-08, pet. denied) (sovereign
immunity, official capacity)

08-0426
POLANCO & COMPANY, L.L.C. v. THE CITY OF SAN ANTONIO; from Bexar County; 4th district
(04-07-00258-CV, ___ SW3d ___, 10-31-07, pet. denied) (governmental immunity, food service)