The state retains immunity for discretionary decisions regarding the specific location of traffic signs (explaining that State retains immunity for its decision relative to “where” signs should be located).
A fatal collision occurred at an intersection where vandals had removed stop signs. Plaintiffs sued the state, alleging that the repeated vandalism constituted a dangerous condition under the Texas Tort Claims Act. The court must determine whether the Act waives immunity under the section regarding property conditions or the section regarding third-party removal of signs. Applying the plain meaning of the statute, the court holds that subsection (a)(3) expressly governs the removal of signs by third parties. Because there was no evidence the state had actual notice that the signs were missing prior to the accident, the state's immunity was not waived.
At page 327 State immunity for traffic sign maintenance and statutory construction365 citing cases“subsection 101.060(a)(2) requires the state to maintain traffic signs in a condition sufficient to perform their intended traffic-control function.”
- Texas Dep't of Transp. v. Jose Luis Perches, No. 13-10-00231-CV (Tex. App.—Corpus Christi Mar. 24, 2011).published ([S]ubsection 101.060(a)(2) requires the State to maintain traffic signs in a condition sufficient to perform their intended traffic-control function.)
- Texas Dep't of Transp. v. Perches, 339 S.W.3d 241 (Tex. App.—Corpus Christi 2011).published ([S]ubsection 101.060(a)(2) requires the State to maintain traffic signs in a condition sufficient to perform their intended traffic-control function.)
- Texas Dep't of Transporation v. Zuleima Olivares, No. 14-09-00244-CV (Tex. App.—Houston [14th Dist.] June 15, 2010).published ([S]ubsection [101.060](a)(2) requires the State to maintain traffic signs in a condition sufficient to perform their intended traffic-control function.)
- Texas Dep't of Transp. v. Olivares, 316 S.W.3d 89 (Tex. App.—Houston [14th Dist.] 2010).published ([S]ubsection [101.060](a)(2) requires the State to maintain traffic signs in a condition sufficient to perform their intended traffic-control function.)
- Fort Bend Cnty. Toll Road Auth. v. Olivares, 316 S.W.3d 114 (Tex. App.—Houston [14th Dist.] 2010).published ([S]ubsection [101.060](a)(2) requires the State to maintain traffic signs in a condition sufficient to perform their intended traffic-control function.)
- Fort Bend Cnty. Toll Road Auth. v. Zuleima Olivares, No. 14-09-00161-CV (Tex. App.—Houston [14th Dist.] June 15, 2010).published ([S]ubsection [101.060](a)(2) requires the State to maintain traffic signs in a condition sufficient to perform their intended traffic-control function.)
- Greg Abbott v. Texas State Bd. of Pharmacy, 391 S.W.3d 253 (Tex. App.—Austin 2012).published“we determine legislative intent from the entire act and not just isolated provisions.”
- Boeing Co. v. Greg Abbott, 412 S.W.3d 1 (Tex. App.—Austin 2012).published “we determine legislative intent from the entire act and not just isolated provisions.”
- Deputy Corey Alexander & Sergeant Jimmie Cook v. April Walker, 355 S.W.3d 709 (Tex. App.—Houston [1st Dist.] 2011).published State v. Gonzalez, 82 S.W.3d 322 , 327 (Tex.2002); Tex. Gov’t Code Ann. § 312.005 (West 2005) (“In interpreting a statute, a court shall diligently attempt to ascertain legislative intent and shall consider at all times the old law, the ev…
- City of Houston v. Angelica Horsley, No. 01-25-00422-CV (Aug. 27, 2026).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
Show 171 more citing cases
- El Paso Indep. Sch. Dist. Admin. v. John Thomas Solis, No. 08-25-00313-CV (July 23, 2026).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Morgan v. Fundamental Clinical & Operational Servs. LLC, No. 3:24-cv-00971 (N.D. Tex. July 8, 2025).Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002) (cleaned up). just from isolated portions,” and “read the statute as a whole and interpret it to give effect to every part.”26 In reading chapter 142 of the Texas Health & Safety Code as…
- Johnny Partain v. State of Texas, No. 15-25-00005-CV (Tex. App.—15th Dist. Mar. 25, 2025).published Transp. v. Gonzalez 82 S.W.3d 322, 327 (Tex. 2002).
- Linda Green v. Zurich Am. Ins. Co., No. 01-23-00179-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2025).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002)).
- City of Houston v. Mary Walker, No. 01-22-00632-CV (Tex. App.—Houston [1st Dist.] Aug. 3, 2023).published (governmental unit retains immunity when § 101.060(a)(2) applies)
- Cirilo Garza v. Harlingen Consol. Indep. Sch. Dist., No. 13-21-00345-CV (Tex. App.—Corpus Christi–Edinburg Nov. 17, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Cameron Cnty. v. John Paul Sossi, No. 13-21-00180-CV (Tex. App.—Corpus Christi–Edinburg Sept. 22, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Boerne to Bergheim Coalition for Clean Env't v. Texas Comm'n on Env't Quality & Vulcan Constr. Materials, LLC, No. 08-20-00035-CV (Tex. App.—El Paso Aug. 16, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Cnty. of Hidalgo v. Maria Taylor, No. 13-21-00090-CV (Tex. App.—Corpus Christi–Edinburg July 21, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- City of Edinburg v. Cesar Torres, No. 13-21-00320-CV (Tex. App.—Corpus Christi–Edinburg July 7, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Educ. Serv. Ctr. Region 2 v. Global Spectrum, LP, No. 13-21-00071-CV (Tex. App.—Corpus Christi–Edinburg June 30, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Reg'l Pool All. v. Northstar Recovery Servs., Inc., No. 13-21-00045-CV (Tex. App.—Corpus Christi–Edinburg May 5, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Educ. Serv. Ctr. Region 2 v. Amanda Barrera, No. 13-21-00081-CV (Tex. App.—Corpus Christi–Edinburg Apr. 14, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, & Kerry Graves D/B/A G Force Framing v. MacSouth Forest Prods., L.L.C. v. Stoneleigh Constr. Co., LLC, SC Switchyard, LLC, XL Specially Ins. Co. & Travelers Surely & Casually Co., No. 05-20-00835-CV (Tex. App.—Dallas Feb. 18, 2022).published“In construing a statute, our objective is to determine and give effect to the Legislature’s intent.” Id. (citing State v. Gonzalez, 82 S.W.3d 322 , 327 (Tex. 2002); First, we look to the “plain and common meaning of the statute’s words.”…
- San Benito Consol. ISD v. Mary Alice Leal, No. 13-20-00569-CV (Tex. App.—Corpus Christi–Edinburg Jan. 27, 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Pharr-San Juan-Alamo Indep. Sch. Dist. v. Melba Lozano, No. 13-20-00305-CV (Tex. App.—Corpus Christi–Edinburg Dec. 2, 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Texas Dep't of State Health Servs. v. Gustavo Resendiz, 642 S.W.3d 163 (Tex. App.—El Paso 2021).publishedId., citing Miranda, 133 S.W.3d at 226-27 ; State Dep’t of Highways and Public Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Texas Health & Human Servs. Comm'n v. Maria Enriquez, 642 S.W.3d 21 (Tex. App.—El Paso 2021).publishedId., citing Miranda, 133 S.W.3d at 226-27 ; State Dep’t of Highways and Public Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- City of Mission v. Lucila Gonzalez, No. 13-20-00138-CV (Tex. App.—Corpus Christi–Edinburg July 22, 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Hidalgo Cnty. Det. Ctr. v. Isidro Villa Huerta, No. 13-20-00113-CV (Tex. App.—Corpus Christi–Edinburg July 22, 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Elda Alaniz v. Christus Spohn Health Sys. Corp., No. 13-20-00001-CV (Tex. App.—Corpus Christi–Edinburg July 15, 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Hidalgo Cnty. Water Improvement Dist. No. 3 v. Hidalgo Cnty. Irrigation Dist. No. 1, 627 S.W.3d 529 (Tex. App.—Corpus Christi–Edinburg 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- City of Georgetown v. Terrill W. Putnam, No. 08-20-00171-CV (Tex. App.—El Paso Apr. 22, 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. the information or has a right of access to it.
- City of Victoria v. Keith Redburn, No. 13-20-00213-CV (Tex. App.—Corpus Christi–Edinburg Apr. 1, 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Leroy Ramirez v. Bank of Am., N.A., 627 S.W.3d 486 (Tex. App.—Corpus Christi–Edinburg 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Univ. of Texas Rio Grande Valley v. Leila Hernandez, No. 13-19-00180-CV (Tex. App.—Corpus Christi–Edinburg Feb. 4, 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Builder Recovery Servs. LLC v. Town of Westlake, 640 S.W.3d 543 (Tex. App.—Fort Worth 2021).publishedTransp.] v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Texas Dep't of Aging & Disability Servs. v. Michael Lagunas, 618 S.W.3d 845 (Tex. App.—El Paso 2020).publishedId., citing City of El Paso v. Heinrich, 284 S.W.3d 366, 378 (Tex. 2009); Miranda, 133 S.W.3d at 226–27; State Dept. of Highways and Public Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002).
- Harris Cnty. Appraisal Dist. v. IQ Life Sciences Corp., 612 S.W.3d 93 (Tex. App.—Houston [14th Dist.] 2020).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002) (citing Jones v. Fowler, 969 S.W.2d 429, 432 (Tex. 1998) (per curiam))).
- Celtic Ins. Co. v. Rochelle Cardona, No. 04-20-00027-CV (Tex. App.—San Antonio Sept. 16, 2020).published To do this, “[w]e look first to the ‘plain and common meaning of the statute’s words.’” Id. (quoting Gonzalez, 82 S.W.3d at 327).
- City of Fort Worth v. Shea O'Neill, No. 02-18-00131-CV (Tex. App.—Fort Worth Jan. 23, 2020).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002) (“Whether a trial court has subject-matter jurisdiction is a legal Although the statute uses the term “arbitration panel” rather than “hearing 3 examiner,” the supreme court has held that…
- Rusk State Hosp. v. Black, 392 S.W.3d 88 (Tex. 2012).published
- Corey Dalfrey v. Boss Hoss Cycles, Incorpor, 456 F. App'x 329 (5th Cir. 2011).unpublished
- In re M.N., 262 S.W.3d 799 (Tex. 2008).published
- In re Caballero, 272 S.W.3d 595 (Tex. 2008).published
- In re Dep't of Fam. & Prot. Servs., 273 S.W.3d 637 (Tex. 2009).published
- Harris Cnty. Hosp. Dist. v. Tomball Reg'l Hosp., 283 S.W.3d 838 (Tex. 2009).published
- FPL Farming Ltd. v. Env't Processing Sys., L.C., 351 S.W.3d 306 (Tex. 2011).published
- AEP Texas Cent. Co. v. Pub. Util. Comm'n of Texas, 258 S.W.3d 272 (Tex. App.—Austin 2008).published
- Centerpoint Energy Houston Elec., LLC v. Gulf Coast Coalition of Cities, 263 S.W.3d 448 (Tex. App.—Austin 2008).published
- Kimbrell v. Molinet, 288 S.W.3d 464 (Tex. App.—San Antonio 2009).published
- In re Lester, 254 S.W.3d 663 (Tex. App.—Beaumont 2008).published
- Constancio v. Bray, 266 S.W.3d 149 (Tex. App.—Austin 2008).published
- East Houston Est. Apts., L.L.C. v. City of Houston, 294 S.W.3d 723 (Tex. App.—Houston [1st Dist.] 2009).published
- State Off. of Risk Mgmt. v. Trujillo, 267 S.W.3d 349 (Tex. App.—Corpus Christi 2008).published
- Am. Hous. Found. v. Harris Cnty. Appraisal Dist., 283 S.W.3d 76 (Tex. App.—Houston [14th Dist.] 2009).published
- Strauss v. Belt, 322 S.W.3d 707 (Tex. App.—Austin 2010).published
- Stroud v. Grubb, 328 S.W.3d 561 (Tex. App.—Houston [1st Dist.] 2010).published
- Kamel v. Univ. of Texas Health Sci. Ctr. at Houston, 333 S.W.3d 676 (Tex. App.—Houston [1st Dist.] 2010).published
- McCollum v. Texas Dep't of Licensing & Reg., 321 S.W.3d 58 (Tex. App.—Houston [1st Dist.] 2010).published
- Univ. of Texas Health Sci. Ctr. at Houston v. Crowder, 349 S.W.3d 640 (Tex. App.—Houston [14th Dist.] 2011).published
- M-E Engineers, Inc. v. City of Temple, 365 S.W.3d 497 (Tex. App.—Austin 2012).published
- Main v. Royall, 348 S.W.3d 381 (Tex. App.—Dallas 2011).published
- Diamond Offshore (Bermuda), Ltd. v. Haaksman, 355 S.W.3d 842 (Tex. App.—Houston [14th Dist.] 2011).published
- In re Commitment of Barry Scott Cleaveland, No. 09-12-00428-CV, 2014 WL 4364263 (Tex. App.—Beaumont Sept. 4, 2014).published
- Texas Dep't of Pub. Saf. v. Raquel Guzman, No. 13-13-00590-CV (Tex. App.—Corpus Christi Nov. 13, 2014).published
- Harry Bizios v. Town of Lakewood Vill., 453 S.W.3d 598 (Tex. App.—Fort Worth 2015).published
- Town & Country Suites, L.C. v. Harris Country Appraisal Dist., 461 S.W.3d 208 (Tex. App.—Houston [1st Dist.] 2015).published
- Yigal Bosch v. Frost Nat'l Bank, No. 01-14-00191-CV, 2015 WL 4463666 (Tex. App.—Houston [1st Dist.] July 21, 2015).published
- Ahf-Arbors at Huntsville I, LLC v. Walker Cnty. Appraisal Dist., 410 S.W.3d 831 (Tex. 2012).published
- City of Lorena v. BMTP Holdings, L.P., 409 S.W.3d 634 (Tex. 2013).published
- Magdalena Adrienna Abutahoun v. Dow Chem. Co., No. 13-0175 (Tex. May 8, 2015).published
- Plaza at 610 Commons Inc. v. Harris Cnty. Appraisal Dist., No. 01-08-00690-CV (Tex. App.—Houston [1st Dist.] Oct. 1, 2009).published
- Ross v. Linebarger, Goggan, Blair & Sampson, L.L.P., 333 S.W.3d 736 (Tex. App.—Houston [1st Dist.] 2010).published
- City of Houston v. Sherif Chemam, No. 01-08-01005-CV, 2010 WL 143476 (Tex. App.—Houston [1st Dist.] Jan. 14, 2010).published
- Pifi Constancio v. James Bray, No. 03-06-00583-CV (Tex. App.—Austin Sept. 5, 2008).published
- AEP Texas Cent. Co. The State of Texas v. Pub. Util. Comm'n of Texas// AEP Texas Cent. Co. The State of Texas, No. 03-07-00196-CV (Tex. App.—Austin June 27, 2008).published
- Patrick Kimbrell v. Jeremy Molinet, No. 04-08-00379-CV, 2008 WL 5423131 (Tex. App.—San Antonio Dec. 31, 2008).published
- Allstar Refinishing & Collision Ctr., Inc. v. Paula Rosas, No. 11-07-00268-CV, 2009 WL 481885 (Tex. App.—Eastland Feb. 26, 2009).published
- ID/Guerra LP v. Texas Workforce Comm'n, No. 03-09-00263-CV (Tex. App.—Austin July 23, 2010).published
- Vicki Ward v. Lamar Univ., No. 14-14-00097-CV (Tex. App.—Houston [14th Dist.] May 12, 2015).published
- Kevin Ellis v. Reliant Energy Retail Servs., LLC, 418 S.W.3d 235 (Tex. App.—Houston [14th Dist.] 2013).published
- Lyda Swinerton Builders, Inc. v. Cathay Bank, 409 S.W.3d 221 (Tex. App.—Houston [14th Dist.] 2013).published
- Lydia Alcala-Garcia v. City of LaMarque, No. 14-12-00175-CV (Tex. App.—Houston [14th Dist.] Nov. 1, 2012).published
- Delores Hart v. L.B. Foster Co., No. 14-08-00812-CV (Tex. App.—Houston [14th Dist.] July 8, 2010).published
- Thomas Swonke v. First Colony Cmty. Serv. Ass'n, No. 14-09-00019-CV (Tex. App.—Houston [14th Dist.] June 15, 2010).published
- Alan Nelson Crotts v. John F. Healey, No. 01-15-00076-CV, 2015 WL 5890103 (Tex. App.—Houston [1st Dist.] Oct. 8, 2015).published
- Archer Grp., LLC v. City of Anahuac, 472 S.W.3d 370 (Tex. App.—Houston [1st Dist.] 2015).published
- Beldon Roofing Co. v. Sunchase IV Homeowners' Ass'n, 494 S.W.3d 231 (Tex. App.—Corpus Christi 2015).published
- Ghassan E. Naddour v. OneWest Bank, FSB, No. 10-12-00301-CV (Tex. App.—Waco Dec. 5, 2013).published
- in the Interest of C.G.L. & A.C.L., Minor Child., No. 06-13-00068-CV (Tex. App.—Texarkana Mar. 6, 2014).published
- Dallas Cnty. Grand Prairie v. Sides, 430 S.W.3d 649 (Tex. App.—Dallas 2014).published
- Gonzalo Sosa v. Julio Garcia, No. 01-13-01033-CV, 2015 WL 545529 (Tex. App.—Houston [1st Dist.] Feb. 10, 2015).published
- Texas Parks & Wildlife Dep't v. Ana G. Ruiz, No. 13-11-00789-CV (Tex. App.—Corpus Christi Mar. 21, 2013).published
- Texas Dep't of Pub. Saf. v. Israel Ali Galvan, No. 13-11-00395-CV (Tex. App.—Corpus Christi Feb. 28, 2013).published
- Rosa Serrano & TLP-EPL Enter., Inc. v. Francis Props. I, Ltd., No. 08-11-00191-CV (Tex. App.—El Paso Aug. 21, 2013).published
- Am. Tirado v. City of El Paso, 361 S.W.3d 191 (Tex. App.—El Paso 2012).published
- Univ. of Houston v. John Casey, 439 S.W.3d 463 (Tex. App.—Houston [1st Dist.] 2014).published
- Texas Tech Univ. Health Sci. Ctr. v. Lisa Jackson, 354 S.W.3d 879 (Tex. App.—El Paso 2011).published
- Samantha Pietszak v. William Fletcher, No. 01-13-00578-CV (Tex. App.—Houston [1st Dist.] May 15, 2014).published
- City of Houston v. Stephon Lamar Davis, No. 01-13-00600-CV (Tex. App.—Houston [1st Dist.] Apr. 24, 2014).published
- Marilyn P. Weaver v. Paul McKeever, No. 01-12-00851-CV (Tex. App.—Houston [1st Dist.] Feb. 25, 2014).published
- City of Houston v. Robert A. Smith, No. 01-13-00241-CV, 2014 WL 768330 (Tex. App.—Houston [1st Dist.] Feb. 25, 2014).published
- Tarrant Cnty. Democratic Party v. John Steen, No. 04-13-00069-CV (Tex. App.—San Antonio Feb. 19, 2014).published
- Keryl L. Douglas v. Houston Hous. Auth. & Ernie Etuk, No. 01-11-00508-CV (Tex. App.—Houston [1st Dist.] May 30, 2013).published
- Texas Dep't of Pub. Saf. v. Danish Mahmood Shaikh, Licensee, 445 S.W.3d 183 (Tex. App.—Houston [1st Dist.] 2013).published
- City of Houston v. Gov't Employees Ins. Co., No. 01-11-00877-CV (Tex. App.—Houston [1st Dist.] Dec. 6, 2012).published
- Univ. of Texas Med. Branch At Galveston v. Tatum, 389 S.W.3d 457 (Tex. App.—Houston [1st Dist.] 2012).published
- Adrian Garcia v. Felix Michael Kubosh, No. 01-11-00315-CV (Tex. App.—Houston [1st Dist.] June 18, 2012).published
- City of Houston v. Christopher A. Rhule, 377 S.W.3d 734 (Tex. App.—Houston [1st Dist.] 2012).published
- City of Houston v. Rachel A. Lackey, No. 01-11-00248-CV (Tex. App.—Houston [1st Dist.] May 31, 2012).published
- City of Houston v. Enrique Guzman, No. 01-11-00234-CV (Tex. App.—Houston [1st Dist.] May 31, 2012).published
- Port Freeport v. RLB Contracting, Inc., 369 S.W.3d 581 (Tex. App.—Houston [1st Dist.] 2012).published
- City of Houston v. Greta McMahon, No. 01-11-01037-CV (Tex. App.—Houston [1st Dist.] Apr. 12, 2012).published
- Fort Bend Indep. Sch. Dist. v. Alice Gayle, 371 S.W.3d 391 (Tex. App.—Houston [1st Dist.] 2012).published
- CHCA Woman's Hosp., L.P. v. Lidji, 369 S.W.3d 488 (Tex. App.—Houston [1st Dist.] 2012).published
- Metro. Transit Auth. v. Wesley Wayne Light, No. 01-11-00747-CV, 2012 WL 252187 (Tex. App.—Houston [1st Dist.] Jan. 26, 2012).published
- City of Houston v. Shai Tsaig, No. 01-11-00432-CV, 2012 WL 170606 (Tex. App.—Houston [1st Dist.] Jan. 19, 2012).published
- Texas Dep't of Aging & Disability Servs. v. Pamela Johnson, No. 01-11-00526-CV, 2012 WL 27728 (Tex. App.—Houston [1st Dist.] Jan. 5, 2012).published
- Texas Dep't of Pub. Saf. v. Rachel Deakyne, 371 S.W.3d 303 (Tex. App.—San Antonio 2012).published
- City of Houston v. John McClain, No. 01-11-00194-CV, 2011 WL 6015697 (Tex. App.—Houston [1st Dist.] Dec. 1, 2011).published
- Town Hall Estates-Arlington, Inc. v. Cannon, 331 S.W.3d 793 (Tex. App.—Fort Worth 2010).published
- City of Houston v. Karla San Miguel, No. 01-10-01071-CV, 2011 WL 5429048 (Tex. App.—Houston [1st Dist.] Nov. 10, 2011).published
- Garland D. Anderson v. David Bessman, No. 01-11-00303-CV (Tex. App.—Houston [1st Dist.] Nov. 10, 2011).published
- City of Houston v. Gloria Esparza, 369 S.W.3d 238 (Tex. App.—Houston [1st Dist.] 2011).published
- West Houston Charter Sch. All. v. Jean Pickering, No. 01-10-00289-CV, 2011 WL 3612288 (Tex. App.—Houston [1st Dist.] Aug. 18, 2011).published
- City of Houston v. Gloria Esparza, No. 01-11-00046-CV (Tex. App.—Houston [1st Dist.] June 9, 2011).published
- Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co., No. 03-14-00667-CV (Tex. App.—Austin Apr. 8, 2016).published
- City Nat'l Bank of Sulphur Springs v. John Alexander Smith, No. 06-15-00013-CV, 2016 WL 2586607 (Tex. App.—Texarkana May 4, 2016).published
- El Paso Cnty. v. Mary Lou Vasquez, 508 S.W.3d 626 (Tex. App.—El Paso 2016).published
- Roland Mouton v. Christian Faith Missionary Baptist Church, 498 S.W.3d 143 (Tex. App.—Houston [1st Dist.] 2016).published
- Roy Seger v. Yorkshire Ins. Co., 503 S.W.3d 388 (Tex. 2016).published
- In the Interest of C.j.n.-s. & J.c.n.-s, 501 S.W.3d 646 (Tex. App.—Corpus Christi 2016).published
- Daniel Mandarino v. Sherwood Lane Investments, LLC, No. 01-15-00192-CV (Tex. App.—Houston [1st Dist.] July 26, 2016).published
- Harry Bizios v. Town of Lakewood Vill., No. 02-14-00143-CV (Tex. App.—Fort Worth Sept. 9, 2015).published
- Arch Resorts, LLC v. City of McKinney, No. 05-15-01108-CV (Tex. App.—Dallas Nov. 2, 2015).published
- Texas Dep't of Fam. & Prot. Servs. v. Brilliant Starts Learning Academy, L.L.C., No. 03-15-00363-CV (Tex. App.—Austin Dec. 11, 2015).published
- Harris Cnty. Appraisal Dist. v. Integrity Title Co., No. 01-15-00145-CV (Tex. App.—Houston [1st Dist.] Aug. 17, 2015).published
- Dow Chem. Co. v. Magdalena Adrienna Abutahoun, No. 05-11-01277-CV (Tex. App. May 8, 2015).published
- Sam Houston v. Ally Fin., Inc., No. 03-14-00342-CV (Tex. App.—Austin Sept. 10, 2015).published
- Aaron Chevalier v. W.M. Roberson, No. 01-15-00225-CV (Tex. App.—Houston [1st Dist.] Nov. 16, 2015).published
- Ronald Williams v. Metro. Transit Auth., No. 01-15-00299-CV (Tex. App.—Houston [1st Dist.] Dec. 16, 2015).published
- Harris Cnty. Appraisal Dist. v. Integrity Title Co., 483 S.W.3d 62 (Tex. App.—Houston [1st Dist.] 2015).published
- Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co., 504 S.W.3d 532 (Tex. App.—Austin 2016).published
- the City of Austin & Marc A. Ott, in His Off. Capacity as City Manager of the City of Austin v. Util. Assocs., Inc. & Mr. v. Bruce Evans, a Resident of Austin, Texas, Individually, No. 03-16-00565-CV (Tex. App.—Austin Nov. 21, 2016).published
- the City of Austin & Marc A. Ott, in His Off. Capacity as City Manager of the City of Austin// Util. Assocs., Inc. & Mr. v. Bruce Evans, a Resident of Austin v. Util. Assocs., Inc. & Mr. v. Bruce Evans, a Resident of Austin// the City of Austin & Marc A. Ott, in His Off. Capacity as City Manager of the City of Austin, No. 03-16-00586-CV (Tex. App.—Austin Nov. 21, 2016).published
- Texas Tech Univ. Health Sci. Ctr. v. Victor Tabi Enoh, M. D., 545 S.W.3d 607 (Tex. App.—El Paso 2016).published
- Untitled Texas Attorney Gen. Opinion, No. GA-0622 (Tex. Att'y Gen. July 2, 2008).published
- Troy E. Nehls v. Hartman Newspapers, LP, 522 S.W.3d 23 (Tex. App.—Houston [1st Dist.] 2017).published
- EP Hotel Partners, LP v. City of El Paso, 527 S.W.3d 646 (Tex. App.—El Paso 2017).published
- Brazos Elec. Power Coop., Inc. v. Texas Comm'n on Env't Quality & Richard A. Hyde, No. 08-16-00069-CV (Tex. App.—El Paso Sept. 15, 2017).published
- Roderick Lydell Bonner v. Tarrant Cnty., No. 02-16-00402-CV (Tex. App.—Fort Worth Jan. 18, 2018).published
- Texas Tech Univ. Health Sciences Ctr. v. Gloria Lozano, 570 S.W.3d 740 (Tex. App.—El Paso 2018).published
- Texas Dep't of Crim. Just. v. Bibiana Flores, 555 S.W.3d 656 (Tex. App.—El Paso 2018).published
- Zurich Am. Ins. Co. v. Marta Diaz, 566 S.W.3d 297 (Tex. App.—Houston [14th Dist.] 2018).published
- Sw. Convenience Stores, L.L.C. v. Norma Mora, 560 S.W.3d 392 (Tex. App.—El Paso 2018).published
- El Paso Indep. Sch. Dist. v. Michael McIntyre, 584 S.W.3d 185 (Tex. App.—El Paso 2018).published
- Kilgore Indep. Sch. Dist. v. Darlene Axberg, 572 S.W.3d 244 (Tex. App.—Texarkana 2019).published
- Nestor Mendoza, Jr. v. Annie Marie Bazan, 574 S.W.3d 594 (Tex. App.—El Paso 2019).published
- Cnty. of El Paso v. Janice Baker, 579 S.W.3d 686 (Tex. App.—El Paso 2019).published
- Coll. Retail LLC v. Jefferson Cent. Appraisal Dist., 589 S.W.3d 856 (Tex. App.—Corpus Christi 2019).published
- Juan Enriquez v. Eduardo Orihuela, No. 14-18-00147-CV, 2019 WL 6872946 (Tex. App.—Houston [14th Dist.] Dec. 17, 2019).published
- In the Interest of M.N., 262 S.W.3d 799 (Tex. 2008).published
- Anderson v. Bessman, 365 S.W.3d 119 (Tex. App.—Houston [1st Dist.] 2011).published
- Texas West Oaks Hosp., LP v. Williams, 371 S.W.3d 171 (Tex. 2012).published
- Garcia v. Kubosh, 377 S.W.3d 89 (Tex. App.—Houston [1st Dist.] 2012).published
- Serrano v. Francis Props. I, Ltd., 411 S.W.3d 661 (Tex. App.—El Paso 2013).published
- Port of Houston Auth. v. Aaron, 415 S.W.3d 355 (Tex. App.—Houston [1st Dist.] 2013).published
- Tarrant Cnty. Democratic Party v. Steen, 434 S.W.3d 188 (Tex. App.—San Antonio 2014).published
- Abutahoun v. Dow Chem. Co., 463 S.W.3d 42 (Tex. 2015).published
- Ward v. Lamar Univ., 484 S.W.3d 440 (Tex. App.—Houston [14th Dist.] 2016).published
- Cnty. of Galveston v. Triple B Servs., LLP, 498 S.W.3d 176 (Tex. App.—Houston [1st Dist.] 2016).published
- LMV-AL Ventures, LLC v. Texas Dep't of Aging & Disability Servs., 520 S.W.3d 113 (Tex. App.—Austin 2017).published
- In the Interest of C.R.-A.A., 521 S.W.3d 893 (Tex. App.—San Antonio 2017).published
- Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App.—Austin 2017).published
- Marsh v. JPMorgan Chase Bank, N.A., 888 F. Supp. 2d 805 (W.D. Tex. 2012).published
- AIM Media Texas, LLC v. City of Odessa, 663 S.W.3d 324 (Tex. App.—Eastland 2023).published
- Bexar Metro. Water Dist. v. City of San Antonio ex rel. San Antonio Water Sys., 228 S.W.3d 887 (Tex. App.—Austin 2007).published
- Bexar Metro. Water Dist. v. City of San Antonio, No. 03-06-00557-CV (Tex. App.—Austin June 29, 2007).published
- Armando Sanchez v. Texas State Bd. of Med. Examiners & Donald W. Patrick, No. 03-04-00752-CV (Tex. App.—Austin June 29, 2007).published
- Jon A. Marshall v. Harris Cnty. Mun. Util. Dist. 358, No. 01-07-00910-CV (Tex. App.—Houston [1st Dist.] Jan. 20, 2011).published
At page 330 Determining actual knowledge under tort claims act26 citing cases“either directly or by reasonable inference”
- Hidalgo Cnty. v. Maria Isidra Perez, No. 13-21-00461-CV (Tex. App.—Corpus Christi–Edinburg Aug. 25, 2022).published (We conclude that there is no evidence to support a finding that TxDOT had actual notice that the stop signs were down before the accident occurred. Gonzalez did not introduce any evidence showing that anyone had report…)
- City of San Antonio v. Drana Burch, No. 05-24-00078-CV (Tex. App.—Dallas Oct. 3, 2024).published(analyzing section 101.060(a)(3) of the Texas Tort Claims Act which also requires actual knowledge)
- Alonzo v. Cajun Operating, No. 23-40250 (5th Cir. Mar. 6, 2024).unpublished(finding that “evidence that [the State] knew the signs had been repeatedly vandalized does not indicate, either directly or by reasonable inference, that [the State] actually knew the signs were down before the accident…)
- Pay & Save, Inc. v. Roel Canales, 703 S.W.3d 1 (Tex. App.—San Antonio 2022).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 330 (Tex. 2002)).
- Town of Highland Park v. Tiffany Renee McCullers, 646 S.W.3d 578 (Tex. App.—Dallas 2021).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 330 (Tex. 2002)). –17– McCullers’s 911 call was the first time the Town learned of flooding at the Property.
- Cnty. of Hidalgo v. Ramiro Alejandro III, No. 13-06-00044-CV (Tex. App.—Corpus Christi Oct. 12, 2006).published
- City of Corsicana v. Stewart, 249 S.W.3d 412 (Tex. 2008).published
- Reyes v. City of Laredo, 335 S.W.3d 605 (Tex. 2010).published
- Wal-Mart Stores, Inc. v. Johnson, 106 S.W.3d 718 (Tex. 2003).published
- Wackenhut Corr. Corp. v. De La Rosa, 305 S.W.3d 594 (Tex. App.—Corpus Christi 2009).published
Show 15 more citing cases
- Kroger Co. v. Betty Shaw, No. 01-07-00030-CV (Tex. App.—Houston [1st Dist.] Jan. 30, 2009).published
- San Benito Econ. Dev. Corp. v. Christopher Hamby & H20 Constr., Inc., No. 13-08-00663-CV (Tex. App.—Corpus Christi Apr. 2, 2009).published
- City of Corsicana v. Patrick Stewart Sr., No. 07-0058 (Tex. Mar. 28, 2008).published
- Norris J. DeVoll v. Rebecca Demonbruen, No. 04-10-00375-CV (Tex. App.—San Antonio Mar. 21, 2012).published
- City of Bay City v. Bobbie P. Gaspard, No. 13-14-00439-CV (Tex. App.—Corpus Christi Aug. 13, 2015).published
- Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Feb. 12, 2015).published
- Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Mar. 4, 2015).published
- Mary Lou Lujan v. Methodist Hosp. Individually &, No. 01-20-00158-CV (Tex. App.—Houston [1st Dist.] Dec. 29, 2020).published
- Univ. of Texas MD Anderson Cancer Ctr. v. Courtney Simpson, No. 01-20-00679-CV (Tex. App.—Houston [1st Dist.] July 22, 2021).published
- Texas Dep't of Transp. v. Jacqueline Ingram, 412 S.W.3d 129 (Tex. App.—Texarkana 2013).published
- City of Pearland v. Juan Contreras, No. 01-15-00345-CV (Tex. App.—Houston [1st Dist.] Jan. 28, 2016).published
- City of Houston v. Marion Crawford, No. 01-18-00179-CV, 2018 WL 4868306 (Tex. App.—Houston [1st Dist.] Oct. 9, 2018).published
- City of Gainesville v. Suzanne Sharp, No. 02-22-00061-CV (Tex. App.—Fort Worth Oct. 20, 2022).published
- Harris Cnty. v. Blasa Lopez, 665 S.W.3d 874 (Tex. App.—Houston [14th Dist.] 2023).published
- Union Pac. R.R. Co. v. Elsa Prado, 685 S.W.3d 848 (Tex. 2024).published
At page 326 Waiver of immunity for state decisions regarding sign placement25 citing casesexplaining that State retains immunity for its decision relative to "where" signs should be located
- City of Grapevine v. Sipes, 195 S.W.3d 689 (Tex. 2006).published But see Gonzalez, 82 S.W.3d at 325 (using the phrase “the signs’ absence” to describe two stop signs that were removed after being in place); Alvarado v. City of Lubbock, 685 S.W.2d 646 , *693 649 (Tex.1985) (holding that a speed-limit sig…
- Texas Dep't of Transp. v. Jose Luis Perches, No. 13-10-00231-CV (Tex. App.—Corpus Christi Mar. 24, 2011).published The term also “refers to the maintenance of a sign or signal in a condition sufficient to properly perform the function of traffic control for which it is relied upon by the traveling public.” Lawson v. McDonald’s Estate , 524 S.W.2d 351,…
- Texas Dep't of Transp. v. Perches, 339 S.W.3d 241 (Tex. App.—Corpus Christi 2011).published The term also “refers to the maintenance of a sign or signal in a condition sufficient to properly perform the function of traffic control for which it is relied upon by the traveling public.” Lawson v. McDonald’s Estate, 524 S.W.2d 351, 3…
- Texas Dep't of Transp. v. Olivares, 316 S.W.3d 89 (Tex. App.—Houston [14th Dist.] 2010).published The term also “refers to the maintenance of a sign or signal in a condition sufficient to properly perform the function of traffic control for which it is relied upon by the traveling public.” Lawson v. McDonald’s Estate, 524 S.W.2d 351, 3…
- Fort Bend Cnty. Toll Road Auth. v. Olivares, 316 S.W.3d 114 (Tex. App.—Houston [14th Dist.] 2010).published The term also “refers to the maintenance of a sign or signal in a condition sufficient to properly perform the function of traffic control for which it is relied upon by the traveling public.” Lawson v. McDonald’s Estate, 524 S.W.2d 351, 3…
- Texas Dep't of Transp. & Vulcan Materials Co. v. Kristina Smith, No. 06-23-00076-CV (Tex. App.—Texarkana Oct. 31, 2024).publishedTransp. v. Gonzalez, 82 S.W.3d 322, 326 (Tex. 2002) (citing TEX.
- Hitchcock Indus. Dev. Corp. v. Cressman Tubular Prods. Corp., 698 S.W.3d 29 (Tex. App. 2024).publishedCode Ann. § 101.001 , et seq.; Gulf Coast Center v. Curry, 658 S.W.3d 281 , 284-87 (Tex. 2022); Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex. 2004); State Dep’t of Highways & Public Transp. v. Gonzalez, 82 S.W.3d 32…
- City of Houston v. Mary Walker, No. 01-22-00632-CV (Tex. App.—Houston [1st Dist.] Aug. 3, 2023).published Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002) (governmental unit retains immunity when § 101.060(a)(2) applies).
- Texas Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004).published
- Stephen F. Austin State Univ. v. Flynn, 228 S.W.3d 653 (Tex. 2007).published
Show 13 more citing cases
- Denton Cnty. v. Beynon, 242 S.W.3d 169 (Tex. App.—Fort Worth 2007).published
- Texas a & M Univ. v. Bishop, 105 S.W.3d 646 (Tex. App.—Houston [14th Dist.] 2003).published
- Denton Cnty. v. Dianne Beynon, No. 02-07-00066-CV (Tex. App.—Fort Worth Nov. 29, 2007).published
- City of Austin v. Rangel, 184 S.W.3d 377 (Tex. App.—Austin 2006).published
- Texas Dep't of Transp. v. Rick Garrison, No. 09-03-00043-CV (Tex. App.—Beaumont Oct. 30, 2003).published
- Cnty. of Hidalgo v. Ramiro Alejandro III, No. 13-06-00044-CV (Tex. App.—Corpus Christi Oct. 12, 2006).published
- Texas a & M Univ. v. Bishop, Paul A., No. 14-97-00153-CV (Tex. App.—Houston [14th Dist.] Apr. 10, 2003).published
- Larry R. Miller v. Ector Cnty. Hosp. Dist., No. 11-11-00221-CV (Tex. App.—Eastland Aug. 8, 2013).published
- Hetul Bhakta v. Texas Dep't of Transp. & Ballenger Constr. Co., No. 04-15-00297-CV (Tex. App.—San Antonio Apr. 20, 2016).published
- Hidalgo Cnty. v. Dora Herrera, No. 13-15-00167-CV (Tex. App.—Corpus Christi Aug. 24, 2015).published
- Texas Dep't of Transp. v. Brian Milton, No. 05-16-00955-CV (Tex. App.—Dallas Aug. 24, 2018).published
- Texas Dep't of Transp. v. Garrison, 121 S.W.3d 808 (Tex. App.—Beaumont 2003).published
- Olivares v. Brown & Gay Eng'g, Inc., 401 S.W.3d 363 (Tex. App.—Houston [14th Dist.] 2013).published
At page 328 Determining immunity under statute regarding sign vandalism8 citing cases“subsection (a)(3) imposes a duty on the governmental entity to correct a sign's removal or destruction by a third person upon receiving actual notice.”
- City of Grapevine v. Sipes, 195 S.W.3d 689 (Tex. 2006).published But see Gonzalez, 82 S.W.3d at 325 (using the phrase “the signs’ absence” to describe two stop signs that were removed after being in place); Alvarado v. City of Lubbock, 685 S.W.2d 646 , *693 649 (Tex.1985) (holding that a speed-limit sig…
- Hidalgo Cnty. v. Maria Isidra Perez, No. 13-21-00461-CV (Tex. App.—Corpus Christi–Edinburg Aug. 25, 2022).published Co. L.P., 19 S.W.3d 413 , 422–23 (Tex. 2000) (observing the subtle, often “wholly subjective” inquiry of whether “paper record” evidence raises a fact issue); see also Miranda, 133 S.W.3d at 228 (“[W]e simply require the plaintiffs, when t…
- Bradley Dragoo v. City of Fort Worth, No. 02-20-00178-CV (Tex. App.—Fort Worth Sept. 30, 2021).published “subsection (a)(3) imposes a duty on the governmental entity to correct a sign's removal or destruction by a third person upon receiving actual notice.”
- Darrell & Linda Sehorn v. Texas Dep't of Transp., No. 07-03-00195-CV (Tex. App.—Amarillo Apr. 26, 2005).published
- City of Austin v. Lamas, 160 S.W.3d 97 (Tex. App.—Austin 2005).published
- City of Austin v. Francisco Lamas, No. 03-04-00034-CV (Tex. App.—Austin Dec. 2, 2004).published
- Christopher Lee Cross v. State, No. 07-05-00219-CR (Tex. App.—Amarillo Sept. 27, 2005).unpublished
At page 325 Determining immunity when stop signs are absent5 citing casesusing the phrase “the signs’ absence” to describe two stop signs that were removed after being in place
- City of Grapevine v. Sipes, 195 S.W.3d 689 (Tex. 2006).published (using the phrase “the signs’ absence” to describe two stop signs that were removed after being in place)
- Rusk State Hosp. v. Dennis Black, No. 10-0548 (Tex. Aug. 31, 2012).published
- Darrell & Linda Sehorn v. Texas Dep't of Transp., No. 07-03-00195-CV (Tex. App.—Amarillo Apr. 26, 2005).published
- Rusk State Hosp. v. Black, 392 S.W.3d 88 (Tex. 2012).published
At page 331 Determining state immunity under statutory waiver provisions4 citing casesconcluding, on appeal from final judgment, that governmental immunity barred claim and rendering take-nothing judgment *327 despite trial court's interlocutory denial of plea to the jurisdiction on that ground
- Hernandez v. Ebrom, 289 S.W.3d 316 (Tex. 2009).published
- Miguel Hernandez v. Julious Ebrom, No. 07-0240 (Tex. July 3, 2009).published
- Univ. of Texas Med. Branch at Galveston v. the Est. of Darla Blackmon, by Its Beneficiary Sheila Shultz & Sheila Shultz Individually, No. 10-03-00093-CV (Tex. App.—Waco Oct. 13, 2004).published
- Greg Gibson v. Jose Fernando Cuellar, 440 S.W.3d 150 (Tex. App.—Houston [14th Dist.] 2013).published
[W]e determine legislative intent from the entire act and not just isolated provisions.
- Greg Abbott v. Texas State Bd. of Pharmacy, 391 S.W.3d 253 (Tex. App.—Austin 2012).published([W]e determine legislative intent from the entire act and not just isolated provisions.)
- Boeing Co. v. Greg Abbott, 412 S.W.3d 1 (Tex. App.—Austin 2012).published ([W]e determine legislative intent from the entire act and not just isolated provisions.)
v.
Maria C. GONZALEZ, Individually and as Representative of Hilda Martinez, Deceased, Et Al., Respondent
delivered the opinion of the Court.
This wrongful-death case involves a fatal highway collision that occurred at an intersection where vandals had repeatedly removed stop signs. The issue is whether the Texas Tort Claims Act (“the Act”) waives the State’s immunity for claims arising from the accident, which allegedly happened because unknown third parties removed the intersection’s stop signs. A jury determined that the Texas Department of Transportation’s negligence proximately caused the accident, and the trial court rendered judgment on the verdict. The court of appeals affirmed, holding that a stop sign’s susceptibility to “repeated and extraordinarily frequent vandalism can be a condition for purposes of section 101.060(a)(2) liability.” 24 S.W.3d 533, 537. We disagree.
[*325] We conclude that section 101.060(a)(2) does not apply in this case and thus does not waive the State’s immunity. We further conclude that section 101.060(a)(3) of the Act is the section that does apply. However, because there is no evidence that TxDOT had actual notice that someone removed the stop signs before the accident occurred, TxDOT’s immunity from suit is not waived in this case. Accordingly, we reverse the court of appeals’ judgment and render judgment that the plaintiffs take nothing.
I. BACKGROUND
On Sunday, February 8, 1987, Maria Alicia Gonzalez was driving eastbound on FM 3072 in Hidalgo County. At the intersection with FM 2557, Maria’s car collided with a northbound van driven by Stanley Brock. Maria and three passengers died at the scene. A fourth passenger, as well as Brock and his passenger, suffered minor injuries.
Usually, the intersection has two stop signs facing FM 3072, which require traffic on that road to yield the right-of-way to traffic on FM 2557. However, when the accident occurred, the stop signs were missing, because vandals had allegedly knocked them down or removed them. Maria, who was unfamiliar with the intersection, did not stop, yield the right-of-way, or slow down.
At least six times during the seventeen-day period before the accident, vandals had knocked down or removed the intersection’s stop signs. Each time TxDOT received notice about the vandalized signs, it promptly reinstalled or replaced them. In response to the repeated vandalism, TxDOT ordered regular inspections at least twice a day on weekdays. TxDOT also asked the Hidalgo County Sheriffs Department to help monitor the intersection at night. However, TxDOT did not change the methods it used to reinstall or replace the signs, and it did not order its employees to perform overtime inspections during weekend hours.
TxDOT reinstalled at least one stop sign at the intersection on Friday, February 6. An off-duty TxDOT employee, who drove through the intersection on Saturday afternoon, testified that he observed both stop signs in place. However, at around nine-thirty on Sunday morning, a motorist who testified at trial noticed that no stop signs stood at the FM 2557 intersection. But, because the motorist had never driven through the intersection before, she did not realize that the intersection should have had stop signs facing FM 3072. Consequently, she did not notify TxDOT about the signs’ absence.
The accident occurred around two-thirty in the afternoon on Sunday, February 8. Soon after, TxDOT received notice that the stop signs were down. In response, TxDOT dispatched a maintenance crew to reinstall the signs. The crew completed its work within two hours.
Several plaintiffs, individually and as representatives of the estates of the deceased (“Gonzalez”), sued TxDOT under the Act. Gonzalez alleged: the repeated vandalism to the intersection’s stop signs constituted a “condition” under section 101.060(a)(2) of the Act; TxDOT had notice of the condition but did not correct it within a reasonable time; and TxDOT’s negligence proximately caused the plaintiffs’ injuries. TxDOT filed a plea to the jurisdiction, asserting that the Act does not waive immunity for Gonzalez’s claims. The trial court denied the plea, and the case went to trial.
The trial court instructed the jury to find TxDOT negligent if: a premises “condition” posed an unreasonable risk of harm to Maria; TxDOT had actual knowledge of[*326] the danger; Maria did not have actual knowledge; and TxDOT failed to use ordinary care to warn Maria about the condition or to make the condition reasonably safe. Over TxDOT’s objection, the jury charge also contained a spoliation instruction about TxDOT’s actual knowledge.
The jury found TxDOT negligent, and the trial court entered judgment for Gonzalez. The court of appeals affirmed the trial court’s judgment. 24 S.W.3d at 540. The court of appeals recognized that section 101.060(a)(3) of the Act discusses the State’s immunity when third parties vandalize signs. 24 S.W.3d at 538. But it held that the State’s immunity was waived under section 101.060(a)(2), because the vandalism was “so severe and pervasive it constitutes a ‘condition’ of the sign, signal or traffic control device.” 24 S.W.3d at 538. Under these circumstances, the court of appeals concluded, the State “has a duty to respond to the [vandalism’s] frequency.” 24 S.W.3d at 538. The court of appeals also held that, under section 101.060(a)(2), a plaintiff need not show “that the State had actual knowledge that the sign was down on the day of the accident.” 24 S.W.3d at 538. We granted TxDOT's petition for review to determine whether repeated vandalism is a “condition” for which subsection (a)(2) of the Act waives immunity-
II. APPLICABLE LAW
A. Tort Claims Act
The State’s sovereign immunity from suit for tort claims is waived to the extent the Act creates liability. Tex. Civ. PRAC. & Rem.Code § 101.025(a). The Act waives the State’s immunity for “personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.” Tex. Civ. Prac. & Rem.Code § 101.021(2). However, the Act establishes various exceptions to this general waiver.
Section 101.056 excepts claims based on the State’s discretionary policy decisions. Tex. Civ. PRAC. & Rem.Code § 101.056(2). For instance, the Act does not waive immunity for decisions about highway design or what types of safety features to install, because these decisions involve the exercise of discretion. State v. Miguel, 2 S.W.3d 249, 251 (Tex.1999); State v. Rodriguez, 985 S.W.2d 83, 86 (Tex. 1999). Whether a governmental activity is discretionary is a legal question. Miguel, 2 S.W.3d at 251.
Section 101.060(a) provides additional exceptions. It states that the Act does not waive the State’s immunity for claims arising from:
(1) the failure of a governmental unit initially to place a traffic or road sign, signal, or warning device if the failure is a result of discretionary action of the governmental unit;
(2) the absence, condition, or malfunction of a traffic or road sign, signal, or warning device unless the absence, condition, or malfunction is not corrected by the responsible governmental unit within a reasonable time after notice; or
(3) the removal or destruction of a traffic or road sign, signal, or warning device by a third person unless the governmental unit fails to correct the removal or destruction within a reasonable time after actual notice.
Tex. Civ. Prac. & Rem.Code § 101.060(a).
Under subsection (a)(1), the State retains immunity for discretionary sign-placement decisions. Rodriguez, 985 S.W.2d at 85. For instance, when traffic engineers decide where to place warning[*327] signs around a detour, the State retains its immunity. Rodriguez, 985 S.W.2d at 86.
Under subsection (a)(2), the State retains immunity as long as it corrects a sign’s defective “condition” within a reasonable time after notice. Thus, subsection (a)(2) requires the State to maintain traffic signs in a condition sufficient to perform their intended traffic-control function. See, e.g., City of Midland v. Sullivan, 83 S.W.3d 1, 12 (Tex.App.-El Paso 2000, pet. dism’d w.o.j.); Texas Dep’t of Transp. v. Henson, 843 S.W.2d 648, 651 (Tex.App.-Houston [14th Dist.] 1992, writ denied); Lawson v. McDonald’s Estate, 524 S.W.2d 351, 356 (Tex.App.-Waco 1975, writ refd n.r.e.). A traffic sign’s “condition” may be “an intentional or an inadvertent state of being.” Sparkman v. Maxwell, 519 S.W.2d 852, 858 (Tex.1975).
Under subsection (a)(3), the State retains immunity from suit if a third party removes or destroys a traffic sign, unless the State fails to replace the sign within a reasonable time after actual notice. See City of Dallas v. Donovan, 768 S.W.2d 905, 909 (TexApp.-Dallas 1989, no writ). Whether the State has actual notice about a removed or destroyed traffic sign is a fact question. See Lorig v. City of Mission, 629 S.W.2d 699, 701 (Tex.1982).
B. Statutory Construction
In construing a statute, we try to determine and give effect to the Legislature’s intent. Tex. Gov’t Code § 312.005; American Home Prods. Corp. v. Clark, 38 S.W.3d 92, 95 (Tex.2000). We look first to the “plain and common meaning of the statute’s words.” Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865 (Tex.1999) (quoting Liberty Mut. Ins. Co. v. Gamson Contractors, Inc., 966 S.W.2d 482, 484 (Tex.1998)). If a statute’s meaning is unambiguous, we generally interpret the statute according to its plain meaning. Fitzgerald, 996 S.W.2d at 865. Moreover, we determine legislative intent from the entire act and not just from isolated portions. Jones v. Fowler, 969 S.W.2d 429, 432 (Tex.1998). Thus, we “read the statute as a whole and interpret it to give effect to every part.” Jones, 969 S.W.2d at 432.
C. Standard of Review
Sovereign immunity from suit defeats a trial court’s subject-matter jurisdiction. Texas Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999). Whether a trial court has subject-matter jurisdiction is a legal question that we review de novo. See Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex.1998).
“No evidence” points are also legal questions. Tomlinson v. Jones, 677 S.W.2d 490, 492 (Tex.1984). “In reviewing a ‘no evidence’ point, we must view the evidence in a light that tends to support the finding of the disputed fact and disregard all evidence and inferences to the contrary.” Bradford v. Vento, 48 S.W.3d 749, 754 (Tex.2001).
Finally, statutory construction is a legal question. City of Garland v. Dallas Morning News, 22 S.W.3d 351, 357 (Tex. 2000). Accordingly, we review statutory-construction matters de novo. El Paso Natural Gas Co. v. Minco Oil & Gas, Inc., 8 S.W.3d 309, 312 (Tex.1999).
III. ANALYSIS
Gonzalez argues that the court of appeals correctly applied section 101.060(a)(2) to determine that the Act waived TxDOT’s sovereign immunity. According to Gonzalez, the stop signs’ susceptibility to repeated vandalism is a subsection (a)(2) “condition.” Moreover, Gonzalez argues, TxDOT knew that the signs were susceptible to repeated vandal[*328] ism but did not take corrective action within a reasonable time. Accordingly, Gonzalez urges that TxDOT breached its duty to maintain the signs’ traffic-control function. See Henson, 843 S.W.2d at 651.
In response, TxDOT contends that the court of appeals erred in holding that section 101.060(a)(2) waives TxDOT’s immunity. TxDOT asserts that subsection (a)(3) expressly applies here, because vandals removed the stop signs. And, according to TxDOT, it retains immunity from suit under subsection (a)(3), because there is no evidence that it had actual notice that the signs were down before the accident. Moreover, TxDOT contends that, even if subsection (a)(2) did apply, it would not waive immunity here. TxDOT reasons that a sign’s susceptibility to vandalism depends on numerous discretionary decisions about how to place and install a sign, and about whether the State should use extra signs, warning devices, or inspection patrols to prevent repeated vandalism. Because the Act retains immunity for these discretionary decisions, TxDOT retains immunity here. See Tex. Crv. PRAC. & Rem.Code § 101.056.
A. The State’s Liability OR Vandalized Stop Signs Under Section 101.060
Here, no one disputes that vandals removed the stop signs at the intersection where the accident occurred. However, the parties disagree about whether the court of appeals correctly relied on section 101.060(a)(2) to determine that the Act waived TxDOT’s immunity. Based on the Act’s plain language, we conclude that subsection (a)(3) expressly controls when third parties remove or destroy stop signs. Accordingly, we conclude that subsection (a)(2) does not apply here to waive the State’s immunity.
In construing section 101.060, we begin with its plain language. See Fitzgerald, 996 S.W.2d at 865. Subsection (a)(3) expressly applies when third persons remove or destroy traffic signs, signals, or warning devices. Tex. Civ. Prac. & Rem.Code § 101.060(a)(3). Under this subsection, the State retains immunity unless it fails to remedy the removal or destruction within a reasonable time after actual notice. Tex. Civ. Prac. & Rem.Code § 101.060(a)(3). Thus, subsection (a)(3) imposes a duty on the State to correct a sign’s removal or destruction by a third person upon receiving actual notice. Here, Gonzalez’s claims arise from an accident that allegedly occurred because a third person removed a stop sign. Thus, subsection (a)(3) expressly applies to determine TxDOT’s liability.
Here, however, the court of appeals concluded that “severe and pervasive” vandalism constitutes a “condition” under subsection (a)(2). 24 S.W.3d at 538. Under subsection (a)(2), the State generally retains immunity from claims based on a sign’s “condition” unless the State fails to correct the condition within a reasonable time after notice. Tex. Civ. Prac. & Rem. Code § 101.060(a)(2). For example, trees or branches obstructing a stop sign create a “condition” for which subsection (a)(2) may waive immunity. Long, 629 S.W.2d at 701. Likewise, faded pavement markings constitute a “condition” within subsection (a)(2)’s meaning. See Sullivan, 33 S.W.3d at 12.
Conversely, one court of appeals has concluded that a stop sign’s susceptibility to easy removal did not constitute a “condition” for which the Act waives immunity. See Lawson, 524 S.W.2d at 356. In Lawson, two vehicles collided at an intersection where vandals had removed a stop sign. Several plaintiffs sued the State under an earlier version of subsection (a)(2), “asserting that the sign was in a ‘dangerous condition’ because it was easily removable .... ” Lawson, 524 S.W.2d at 356.[*329] Evidence produced at trial showed the State knew that vandals had repeatedly stolen signs at the intersection and that vandals could easily remove the signs using only a crescent wrench. Lawson, 524 S.W.2d at 356.
The Lawson court concluded that the term “condition” does not refer to whether thieves could easily remove a sign. Lawson, 524 S.W.2d at 356. Rather, the court explained, “condition” must refer to the State’s “maintenance of a sign or signal in a condition sufficient to properly perform the function of traffic control for which it is relied upon by the traveling public.” Lawson, 524 S.W.2d at 356. The court reasoned that this must be so, because the Act’s former version also contained another provision — now subsection (a)(3) — which “expressly relieves] the State from liability for claims growing out of the removal of signs, signals and devices by third parties without a reasonable time for replacement after actual notice to the State of the removal.” Lawson, 524 S.W.2d at 356.
We agree with the Lawson court’s analysis. Nothing in the Act’s plain language suggests the Legislature intended that subsection (a)(3) should control only claims arising from isolated or occasional vandalism, or that subsection (a)(2) should control claims arising from repeated or pervasive vandalism. Rather, under the Act’s plain and common meaning, subsection (a)(3), not subsection (a)(2), expressly applies whenever a third person removes or destroys a traffic sign or signal. See Fitzgerald, 996 S.W.2d at 865.
Here, Gonzalez argues that TxDOT could have made the stop signs more “vandal proof’ by changing installation methods, using additional signs or warning devices, ordering more inspection patrols, or establishing a twenty-four hour hotline to report downed signs. Even assuming these suggestions have merit, TxDOT retains immunity for such discretionary decisions under the Act. See Tex. Civ. PRAC. & Rem.Code §§ 101.056, 101.060(a)(1); Miguel, 2 S.W.3d at 251; Rodriguez, 985 S.W.2d at 85. Gonzalez cannot characterize TxDOT’s failure to make certain discretionary decisions affecting a stop sign’s susceptibility to repeated vandalism as a failure to correct the sign’s “condition” under subsection (a)(2) in order to sue under the Act. See Villarreal v. State, 810 S.W.2d 419, 421 (TexApp.-Dallas 1991, writ denied) (refusing to characterize discretionary actions as maintenance actions). To do so would contradict the Legislature’s express intent to impose liability in cases involving a third person vandalizing a traffic sign only if the State fails to correct the vandalized sign after receiving actual notice. See Tex. Civ. Prac. & Rem. Code § 101.060(a)(3); see also Lawson, 524 S.W.2d at 356.
In sum, we hold that under section 101.060’s plain language, subsection (a)(3) expressly applies to claims arising from third-party vandalism. We reject the court of appeals’ conclusion that a sign’s “susceptibility to vandalism” is a “condition” under subsection (a)(2).
B. Actual Notice UndeR Section 101.060(a)(3)
Because section 101.060(a)(3) applies, TxDOT’s liability depends on whether there is evidence that TxDOT had actual notice that the stop signs were down before the accident occurred and, if so, whether TxDOT failed to correct the problem within a reasonable time. See Tex. Civ. Prac. & Rem.Code § 101.060(a)(3). Here, the evidence shows that TxDOT replaced at least one sign at the intersection on Friday, two days before the accident. A TxDOT employee observed the signs still in place Saturday afternoon. Although a motorist testified that the intersection[*330] lacked signs on Sunday morning, the day the accident occurred, she did not notify TxDOT. Moreover, TxDOT and sheriff department employees testified that, between the time TxDOT replaced the signs on Friday and the time when the accident occurred on Sunday, they received no reports that the signs were down again.
We conclude that there is no evidence to support a finding that TxDOT had actual notice that the stop signs were down before the accident occurred. See Bradford, 48 S.W.3d at 754. Gonzalez did not introduce any evidence showing that anyone had reported the signs were down before the accident. See Donovan, 768 S.W.2d at 909. And the evidence that TxDOT knew the signs had been repeatedly vandalized does not indicate, either directly or by reasonable inference, that TxDOT actually knew the signs were down before the accident occurred. „ See Martinez v. City of Lubbock, 993 S.W.2d 882, 886 (Tex.App.Amarillo 1999, pet. denied) (applying section 101.021(2) of the Act, which waives immunity for premise-defect claims, and concluding that evidence of actual knowledge must “indicate (directly or via reasonable inference) that the City actually knew” about the specific condition that caused the accident). At trial, Gonzalez argued that a missing sign-repair logbook “created an inference of actual notice.” Accordingly, the trial court included a spoliation instruction in the charge. TxDOT objected to the instruction and contends here that the missing logbook did not contain any information relevant to whether TxDOT had actual notice that the signs were down before the accident occurred, as subsection (a)(3) requires.
We need not decide whether the spoliation instruction was erroneous. That is because Gonzalez produced no evidence showing that the missing logbook would have contained any information relevant to the “actual notice” issue under subsection (a)(3). Consequently, the jury could not presume that the missing logbook contained unfavorable evidence.
Pedro Soto, the TxDOT sign worker whose logbook was missing, testified that he only recorded information about completed repairs in his missing logbook. Specifically, he explained that after he completed a job, he would write down the repair date, the time he arrived at the location, the type of sign he repaired or replaced, and the sign’s location. When Soto filled up a logbook, he would turn it in to Raul Martinez, a supervisor. Martinez confirmed Soto’s testimony that the missing logbook would not have contained any information about when Soto received notice that a sign was down.
TxDOT also introduced two entries from Martinez’s logbook and the entry Soto made in his logbook the day the accident occurred. These entries show that Soto and Martinez only recorded information in their logbooks after they had completed repairs. Another TxDOT employee confirmed that workers used their logbooks to record completed repairs.
No evidence suggests that Soto’s missing logbook would have included information relevant to whether TxDOT received actual notice that the signs had been removed or destroyed before the accident. Accordingly, the jury could not have presumed that the missing logbook contained information relevant to whether TxDOT had actual notice that the signs were down before the accident.
IV. CONCLUSION
Section 101.060(a)(3) expressly controls the State’s liability when third persons remove or destroy stop signs. Moreover, a sign’s susceptibility to repeated vandalism is not a “condition” under section[*331] 101.060(a)(2) for purposes of determining the State’s liability. Here, there is no evidence that TxDOT had actual notice that the stop signs were down before the accident occurred. See Tex. Civ. PRAC. & Rem.Code § 101.060(a)(3). Therefore, the Act does not waive TxDOT’s immunity in this case. Accordingly, we reverse the court of appeals’ judgment and render judgment that the plaintiffs take nothing. See Tex.R.App. P. 60.2(c).
Justice RODRIGUEZ not sitting.