law-sovereign-vs-governmental-immunity
GOVERNMENTAL VS SOVEREIGN IMMUNITY: WHAT'S THE DIFFERENCE, IF ANY?
"'Courts often use the terms sovereign immunity and governmental immunity interchangeably. However, they
involve two distinct concepts. Sovereign immunity refers to the State's immunity from suit and liability. In addition
to protecting the State from liability, it also protects the various divisions of state government, including agencies,
boards, hospitals, and universities. Governmental immunity, on the other hand, protects political subdivisions of
the State, including counties, cities, and school districts.'" Tooke v. City of Mexia, 197 S.W.3d 325, 369 n.11 (Tex.
2006) (quoting Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 694 n.3 (Tex. 2003) (citations omitted)); see
also Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Political Subdivisions Prop./Casualty Joint Self-Insurance
Fund, 212 S.W.3d 320, 323-24 (Tex. 2006).
Courts occasionally use the terms “sovereign immunity" and “governmental immunity" interchangeably, although
they are two distinct concepts. Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 694 n.3 (Tex. 2003).
“Sovereign immunity" refers to the State's immunity from suit and liability, and its protection extends to the State
and its various divisions of state government. Id. “Governmental immunity," by contrast, protects political
subdivisions of the State, including counties, cities, and school districts. Id. The Port is a navigation district and a
political subdivision of the State. Guillory v. Port of Houston Auth., 845 S.W.2d 812, 812-13 (Tex. 1993); City of
Seabrook v. Port of Houston Auth., 199 S.W.3d 403, 404 (Tex. App.- Houston [1st Dist.] 2006, pet. dism'd).
Therefore, we will use the term “governmental immunity" in this opinion.
HOUSTON CASE LAW
Seureau v. Exxon Mobil Corp (Tex.App.- Houston [14th Dist.] Oct. 16, 2008)(Brown)
(governmental immunity, sovereign immunity, summary judgment based on limitations,
no waiver of immunity by conduct or by sue and be sued language under Tooke v. City of Mexia)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Brown and Boyce
14-07-00176-CV Glenn Emile Seureau and Glenn Edouard Seureau v. Exxon Mobil Corporation and Port of
Houston Authority--Appeal from 190th District Court of Harris County
Trial Court Judge: Jennifer Elrod Walker
Tara Partners, Ltd. v. City of South Houston (Tex.App.- Houston [14th Dist.] Jan. 13, 2009)(Seymore)(city
governmental immunity)
Often, courts use the terms “sovereign immunity" and “governmental immunity" interchangeably. Wichita Falls
State Hosp. v. Taylor, 106 S.W.3d 692, 694 n.3 (Tex. 2003). They are, however, two distinct concepts. Id.
“Sovereign immunity" refers to a State's immunity from suit and liability. Id. Its protection extends not only to the
State, but also to the varying divisions of state government, including agencies, boards, hospitals, and
universities. Id. “Governmental immunity" protects political subdivisions of the State, including counties, cities,
and school districts. Id.
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-07-00330-CV Tara Partners, Ltd., Granada Terrace, Ltd., David R. Wise, 1606 Savannah LLC, Windsor
Gardens Ltd., and Freeport Villa Brazos Apartments, Ltd. v. City of South Houston
Appeal from 157th District Court of Harris County
Trial Court Judge: Randy Wilson
Concurring Opinion by Justice Frost