Geffrey Klein, M.D. & Baylor Coll. of Med. v. Cynthia Hernandez, as the Parent & Next Friend of N.H., a Minor, 315 S.W.3d 1 (Tex. 2010). · Go Syfert
Geffrey Klein, M.D. & Baylor Coll. of Med. v. Cynthia Hernandez, as the Parent & Next Friend of N.H., a Minor, 315 S.W.3d 1 (Tex. 2010). Cases Citing This Book View Copy Cite
185 citation events (185 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In the Guardianship of Jimmy D. Jansky, an Incapacitated Person v. the State of Texas
Tex. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
appellate courts are prohibited from deciding moot controversies because the separation-of-powers article prohibits advisory opinions on abstract questions of law.
discussed Cited as authority (verbatim quote) Texas Municipal League Intergovernmental Risk Pool A/K/A TMLIRP v. Jorge Ozuna (2×) also: Cited as authority (rule)
Tex. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
appellate courts are prohibited from deciding moot controversies because the separation-of-powers article prohibits advisory opinions on abstract questions of law.
discussed Cited as authority (verbatim quote) James Huaman v. Laura Sherry
Tex. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
appellate courts are prohibited from deciding moot controversies.
examined Cited as authority (verbatim quote) in Re Barnett & Garcia, PLLC, Lawrence Falli, and Tri Ed Distribution, Inc.
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
after a nonsuit, a trial court retains jurisdiction to address collateral matters, such as motions for sanctions, even when such motions are filed after the nonsuit, as well as jurisdiction over any remaining counterclaims.
discussed Cited as authority (quoted) Mike Morath, in His Official Capacity as Commissioner of the Texas Education Agency v. Virginia Diane Lewis, Individually and as Next Friend to C.J.L. (2×) also: Cited as authority (rule)
Tex. · 2020 · quote attribution · 1 verbatim quote · confidence low
non-suit typically moots the case or controversy from the moment of its filing or pronouncement in open court.
cited Cited as authority (rule) The City of Arlington v. Airport Properties, Inc.
txctapp2 · 2026 · confidence medium
See, e.g., Morath v. Lewis, 601 S.W.3d 785 , 788 (Tex. 2020); Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010); Univ. of Tex. Med.
discussed Cited as authority (rule) Bexar County Hospital District D/B/A University Health F/K/A University Health System v. Consuelo Levine
txctapp8 · 2026 · confidence medium
Dist. v. McKinney, 936 S.W.2d 279, 282 (Tex. 1996) (“[T]he United States Supreme Court has ‘consistently refused to construe [Eleventh] Amendment [immunity] to afford protection to political subdivisions . . ., even though such entities exercise a slice of state power.’”); Klein v. Hernandez, 315 S.W.3d 1, 7 (Tex. 2010) (holding that hospital districts are political subdivisions). 4 jurisdiction over claims asserted against governmental entities.
discussed Cited as authority (rule) Bexar County Hospital District D/B/A University Health F/K/A University Health System v. Consuelo Levine
Tex. App. · 2025 · confidence medium
Dist. v. McKinney, 936 S.W.2d 279, 282 (Tex. 1996) (“[T]he United States Supreme Court has ‘consistently refused to construe [Eleventh] Amendment [immunity] to afford protection to political subdivisions . . ., even though such entities exercise a slice of state power.’”); Klein v. Hernandez, 315 S.W.3d 1, 7 (Tex. 2010) (holding that hospital districts are political subdivisions). 4 jurisdiction over claims asserted against governmental entities.
discussed Cited as authority (rule) Kevin Lawrence Painter Sr. v. Tammy Renee Painter
Tex. App. · 2025 · confidence medium
A plaintiff’s nonsuit “‘moots his case’ by ‘extinguish[ing] a case or controversy.’” Morath v. Lewis, 601 S.W.3d 785 , 788 (Tex. 2020) (quoting Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010)). “[T]he non-suit is not merely the end of the case.
discussed Cited as authority (rule) Violeta Paskauskiene v. Texas Department of Motor Vehicles
Tex. App. · 2025 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 4 (Tex. 2010) (“When a omitted from her amended petition if there are “statements in the amended pleading indicating that the pleader intended to reserve her rights with respect to the omitted claims,” such as by reserving the right to challenge omitted claims previously dismissed by the trial court).
cited Cited as authority (rule) City of San Antonio v. Fatima Guerrero
Tex. App. · 2024 · confidence medium
“When a plaintiff is entitled to a non-suit, the trial court’s dismissal order is ministerial.” Klein v. Hernandez, 315 S.W.3d 1, 4 (Tex. 2010).
discussed Cited as authority (rule) City of El Paso v. Albert Lopez and Lexby Lopez
Tex. App. · 2023 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010) (citing Gen.
examined Cited as authority (rule) Michael Beal v. Pruvit Ventures, Inc. (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2023 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010) (citing TEX.
discussed Cited as authority (rule) Ronnie Ray Brooks v. Kenneth Nash and Ronald Chin
Tex. App. · 2022 · confidence medium
When Brooks announced he wanted the trial court to non-suit his civil rights case, the trial court’s signing of the order, which dismissed his suit, was ministerial.2 Generally, “a party cannot complain on appeal that the trial court took a specific action that the complaining party requested, a doctrine commonly referred to as the 1See Lawson v. Morrison, No. 03-19-00301-CV, 2021 WL 1933958 , at *2 (Tex. App.—Austin May 14, 2021, no pet.) (mem. op.) (“A nonsuited claim may be revived by filing a motion for new trial, by filing a motion to reinstate or a motion to withdraw the nonsuit,…
cited Cited as authority (rule) Victoria Barrientez v. Raymond A. Contreras
Tex. App. · 2022 · confidence medium
R. 162, and “the trial court’s dismissal order is ministerial,” Klein v. Hernandez, 315 S.W.3d 1, 4 (Tex. 2010).
cited Cited as authority (rule) Sinkin & Barretto, P.L.L.C. and Stephanie Bandoske as Personal Representative of the Estate of Arthur Gregory Augustine v. Cohesion Properties, Ltd.
Tex. App. · 2021 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010).
discussed Cited as authority (rule) Trevor Nikos Kocaoglan and Pablo Trejo v. Law Office of Chris Sanchez, P.C.
Tex. App. · 2021 · confidence medium
“It is the end of the Court’s power to decide the case, assuming there are no claims for relief against the non-suiting party.” Id.; Klein v Hernandez, 315 S.W.3d 1, 3 (Tex. 2010) (holding that after non-suit in the trial court, 4 “there was no live controversy for the court of appeals to decide.”).
cited Cited as authority (rule) in Re Fort Bend Independent School District
Tex. App. · 2019 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 4 (Tex. 2010); In re Greater Houston Orthopaedic Specialists, 295 S.W.3d at 325 .
cited Cited as authority (rule) Steven L. Kennedy v. Lacy Harber and Dorothy Harber
Tex. App. · 2018 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010).
discussed Cited as authority (rule) Fort Worth Transportation Authority, McDonald Transit Associates, Inc., McDonald Transit, Inc., and Leshawn Vaughn v. Michele Rodriguez and New Hampshire Insurance Company
Tex. · 2018 · confidence medium
In Klein, this Court addressed whether a doctor who was a resident physician in a private 7 medical school, but who was working at a public hospital, was to be treated as a public employee. 315 S.W.3d at 2, 4 .
discussed Cited as authority (rule) Rosenberg Development Corp. v. Imperial Performing Arts, Inc.
Tex. App. · 2017 · confidence medium
Id. 7 Moreover, the legislature knows when and how to designate an entity as a “state agency for certain purposes.” See, e.g., Klein v. Hernandez, 315 S.W.3d 1, 8 (Tex. 2010) (holding that Chapter 312 of the Texas Health and Safety Code made Baylor College of Medicine—a private, nonprofit medical school—a state agency for certain purposes) (discussing Tex. Health & Safety Code § 312.007(a) (“A medical and dental unit, supported medical or dental school, or coordinating entity is a state agency_”)).
discussed Cited as authority (rule) Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2017 · confidence medium
Wary of isolated statements of legislators, the Texas Supreme Court acknowledges that the statute itself "constitutes the law; it alone represents the Legislature's singular will, and it is perilous to equate an isolated remark or opinion with an authoritative, watertight index of the collective wishes of 181 individual legislators, who may have 181 different motives and reasons for voting the way they do." Klein v. Hernandez, 315 S.W.3d 1, 11 (Tex. 2010).
cited Cited as authority (rule) University of the Incarnate Word v. Redus
Tex. · 2017 · confidence medium
Code § 12.105); Klein v. Hernandez, 315 S.W.3d 1, 8 (Tex. 2010) (citing Tex. Health & Safety Code § 312.006(b)).
cited Cited as authority (rule) Bustillos v. El Paso County Hospital District
W.D. Tex. · 2016 · confidence medium
“These districts and their hospitals are ‘governmental units’ for purposes of the Tort Claims Act.” Klein v. Hernandez, 315 S.W.3d 1, 7 (Tex. 2010) (citing Tex. Civ.
examined Cited as authority (rule) University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus (4×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Appellees argue incorrectly that “This Court’s judgment substantively ends UIW’s interlocutory appeal ….”, while simultaneously citing two cases that expressly hold this proposition is incorrect, William Marsh Rice Univ. v. Refaey, 459 S.W.3d 590, 592 (Tex. 2015) and Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010).
cited Cited as authority (rule) Schlumberger Limited and Schlumberger Technology Corporation v. Charlotte Rutherford
Tex. App. · 2015 · confidence medium
N.H., 315 S.W.3d 1, 11 (Tex.2010) (Willett, J., concurring) (“The Legislature passes and the Governor signs bills, not bill analyses, and we are governed by laws, not by legislative histories.”).
cited Cited as authority (rule) in Re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 Trust
Tex. App. · 2015 · confidence medium
A trial court has no jurisdiction to rule on a moot controversy. [Klein v. Hernandez, 3 315 S.W.3d 1, 3 (Tex. 2010; Devon Energy Prod.
examined Cited as authority (rule) University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus (3×) also: Cited "see"
Tex. App. · 2015 · confidence medium
GOV ’T CODE § 22.225(b)(3). “[W]e always have jurisdiction to determine whether the court of appeals correctly applied its jurisdiction.” Klein, 2 315 S.W.3d at 3 (citations omitted).
examined Cited as authority (rule) William Marsh Rice University and Gary Spears v. Rasheed Refaey (3×) also: Cited "see"
Tex. · 2015 · confidence medium
GOV'T CODE § 22.225(b)(3). “[W]e always have jurisdiction to determine whether the court of appeals correctly applied its jurisdiction.” Klein, 315 S.W.3d at 3 (citations omitted).
cited Cited as authority (rule) the City of Houston v. Freedmen's Town Preservation Coalition
Tex. App. · 2015 · confidence medium
The Coalition also relied on Klein v. Hernandez, 315 S.W.3d 1, 4 (Tex. 2010).
discussed Cited as authority (rule) Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause v. Tracy D. Strandhagen
Tex. App. · 2015 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex.2010). [10] [11] The Uniform Declaratory Judgments Act (UDJA) allows a person interested under a written contract to have determined any question of construction or validity arising under the contract and to “obtain a declaration of rights, status, or other legal relations thereunder.” Tex. Civ.
cited Cited as authority (rule) William Marsh Rice University and Rice University Police Department and Officer Henry Cash v. Michael Clayton Thomas
Tex. App. · 2015 · confidence medium
Appellant argues that the Supreme Court decision in Klein v. Hernandez, 315 S.W.3d 1, 5 (Tex. 2010) is dispositive.
discussed Cited as authority (rule) Devon Energy Production Company, L.P. v. KCS Resources, LLC (2×)
Tex. App. · 2014 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010).
discussed Cited as authority (rule) SJ Medical Center, L.L.C. D/B/A St. Joseph Medical Center v. Jason Estahbanati and Mentewab Osman, Individually and as Next Friends, Natural Parents and Legal Guardians of Jayden Osman, a Minor
Tex. App. · 2013 · confidence medium
Code § 51.014(a)(5) (West 2013) (stating that a person may appeal an interlocutory order that “denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state”); Klein v. Hernandez, 315 S.W.3d 1, 8 (Tex. 2010); Young v. Villegas, 231 S.W.3d 1 , 7–8 (Tex. App.—Houston [14th Dist.] 2007, pet. denied).
discussed Cited as authority (rule) SJ Medical Center, LLC v. Estahbanati
Tex. App. · 2013 · confidence medium
Prac. & Rem.Code § 51.014(a)(5) (West 2013) (stating that a person may appeal an interlocutory order that “denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state”); Klein v. Hernandez, 315 S.W.3d 1, 8 (Tex.2010); Young v. Villegas, 231 S.W.3d 1, 7-8 (TexApp.-Houston [14th Dist.] 2007, pet. denied).
discussed Cited as authority (rule) Arbor E & T Llc., D/B/A Rescare Workforce Services v. Lower Rio Grande Valley Workforce Development Board Inc. D/B/A Workforce Solutions (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Legislature has the power to designate a private entity— such, as Workforce Solutions — as a “state agency for certain purposes.” Klein v. Hernandez, 315 S.W.3d 1, 8 (Tex.2010).
discussed Cited as authority (rule) United States Ex Rel. King v. University of Texas Health Science Center-Houston (2×) also: Cited "see, e.g."
5th Cir. · 2013 · confidence medium
In Klein v. Hernandez, 315 S.W.3d 1, 8 (Tex.2010), the Texas Supreme Court held that a resident was an “employee of a state agency” in finding him entitled to immunity.
cited Cited as authority (rule) in the Interest of N.A.D., a Child
Tex. App. · 2013 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 6 (Tex.2010).
discussed Cited as authority (rule) State v. as a Mentally Ill Person
Tex. App. · 2012 · confidence medium
The Honorable Polly Jackson Spencer signed the written orders. 04-12-00511-CV & 04-1200512-CV is “‘that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.’” State v. K.E.W., 315 S.W.3d 1, 20 (Tex. 2010) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see also In re C.E., 100 S.W.3d 368, 369 (Tex. App.—San Antonio 2002, no pet.).
discussed Cited as authority (rule) Rocker v. Centex Corp.
Tex. App. · 2012 · confidence medium
See, e.g., Ojo v. Fanners Grp., Inc., 356 S.W.3d 421, 433 (Tex.2011) ("[e]ven when a statute is not ambiguous on its face, we can consider other factors to determine the Legislature's intent”); Id. at 439 (Willett, J., concurring) ("I accept a cautious (and non-villainous) role for extrinsic aids, including certain legislative history, where a nebulous statute is susceptible to varying interpretations, but our rule for unambiguous statutes is uncomplicated: ‘Where text is clear, text is determinative,’ making any foray into extratextual aids not just inadvisable but, as we have repeatedl…
discussed Cited as authority (rule) Methodist Hospitals of Dallas v. Miller
Tex. App. · 2012 · confidence medium
Klein, 315 S.W.3d at 2, 7 ; see also Tex. Health & Safety Code Ann. § 312.002 (6) (West 2010) (“supported medical or dental school” means “medical school or dental school organized as non profit corporation that is under contract with the Texas Higher Education Coordinating Board to provide educational services under Subchapter D, Chapter 61, Education Code”).
cited Cited as authority (rule) Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2012 · confidence medium
"The cardinal rule of statutory construction is to ascertain and give effect to the Legislature's intent." Klein v. Hernandez, 315 S.W.3d 1,6 (Tex. 2010).
discussed Cited as authority (rule) Adrian Garcia in His Official Capacity as the Harris County Sheriff, and Greg Abbott, in His Capacity as the Attorney General of Texas v. Felix Michael Kubosh, Carl R. Pruett, and Daisy Howard (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
GOV’T CODE ANN. §§ 22.001 (West 2010) (ascribing jurisdiction to Texas Supreme Court), 22.225(b)(3), (c) (West 2010) (specifying when courts of appeals’ judgments are conclusive and when they are subject to Texas Supreme Court review). 54 See Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex. 2010). 55 See Norman, 342 S.W.3d at 55 n.1; Gibson, 22 S.W.3d at 850 . 19 Gibson; it exercised its jurisdiction to hold (incorrectly) that the school had waived the issue.56 This action by the court of appeals is the basis for the Texas Supreme Court’s jurisdiction, not the trial court’s underlying rulin…
cited Cited as authority (rule) Texas Real Estate Commission v. Mariaora Bucurenciu
Tex. App. · 2011 · confidence medium
“The cardinal rule of statutory construction is to ascertain and give effect to the Legislature’s intent.” Klein v. Hernandez, 315 S.W.3d 1, 6 (Tex. 2010).
cited Cited as authority (rule) Texas Real Estate Commission v. Bucurenciu
Tex. App. · 2011 · confidence medium
“The cardinal rule of statutory construction is to ascertain and give effect to the Legislature’s intent.” Klein v. Hernandez, 315 S.W.3d 1, 6 (Tex.2010).
discussed Cited as authority (rule) LTTS Charter School, Inc. v. C2 Construction, Inc. (2×) also: Cited "see"
Tex. · 2011 · confidence medium
PRAC. & REM.CODE § 101.001(3)(D). [2] Id. § 51.014(a)(8) (permitting an appeal from an interlocutory order of a district court order that "grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001"). [3] See id. § 101.001(3)(D). [4] 288 S.W.3d 31, 32 . [5] Id. at 38 . [6] See Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex.2010). [7] See First Am.
cited Cited as authority (rule) Ojo v. Farmers Group, Inc.
Tex. · 2011 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 6 (Tex.2010) ("The cardinal rule of statutory construction is to ascertain and give effect to the Legislature’s intent.
cited Cited as authority (rule) Travis Central Appraisal District v. Norman
Tex. · 2011 · confidence medium
Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex.2010). 2 .
discussed Cited as authority (rule) Franka v. Velasquez (2×)
Tex. · 2011 · confidence medium
The University of Texas Medical School at San Antonio. . . ."). [23] 315 S.W.3d 1, 8 (Tex.2010). [24] TEX.
Retrieving the full opinion text from the archive…
Geffrey KLEIN, M.D. and Baylor College of Medicine, Petitioners,
v.
Cynthia HERNANDEZ, as the Parent and Next Friend of N.H., a Minor, Respondent
Kendall M. Gray, Cameron Phair Pope, Jeffrey B. McClure, Laura M. Trenaman, Elizabeth A. Wiley, Andrews & Kurth, L.L.P., Marion Woodrow Kruse Jr., Alicia T. Freed, Kruse Law Firm, P.C., Houston TX, for Geffrey Klein, M.D., Robert J. Talaska, Theodore G. Skar-bowski, Timothy Lyle Culberson, The Ta-laska Law Firm, P.L.L.C., Houston, TX, for Respondent., Cameron Phair Pope, Kendall M. Gray, Andrews & Kurth, L.L.P., Houston, TX, for Baylor College of Medicine.
Medina, Willett.
Cited by 103 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Texas Supreme Court (1)

Lead Opinion

Justice MEDINA

delivered the opinion of the Court.

By statute, a state employee may appeal an interlocutory order denying a motion for summary judgment based on an assertion of immunity. Tex. Civ. PRAC. & Rem. Code § 51.014(5). The issue here is whether a resident physician, working at a public hospital under an agreement with his private medical school, may take an interlocutory appeal under this statute. The court of appeals decided he could not, dismissing the interlocutory appeal because the resident physician was not a state employee. 260 S.W.3d 1, 10-11. We conclude, however, that by statute a resident physician at a private medical school is to be treated like a state employee for purposes of section 51.014(5) when the underlying litigation arises from a residency program coordinated through a supported medical school at a public hospital. Accordingly, we reverse the court of appeals’ judgment, reinstate the physician’s interlocutory appeal, and remand the case to the court of appeals for its review.

I

Cynthia Hernandez sued Dr. Geffrey Klein and Baylor College of Medicine, alleging malpractice during the delivery of her daughter at Ben Taub General Hospital. Ben Taub is a part of the Harris County Hospital District, a political subdivision of the State. See Tex. Health & Safety Code § 281.002(a); see also Tex. Const, art. IX, § 4. Baylor is a private, non-profit medical school, but is also a “supported medical school,” which means that it has contracts with the Texas Higher Education Coordinating Board and receives state funding specifically allocated for training physicians who provide medical care at public hospitals such as Ben Taub. Tex. Health & Safety Code § 312.002(6). Dr. Klein was a Baylor obstetrics and gynecology resident at Ben Taub under this arrangement when he delivered Hernandez’s daughter in 1994.

Responding to Hernandez’s claims, Baylor and Klein jointly filed a motion to dismiss for lack of jurisdiction and a motion for summary judgment, asserting they were entitled to immunity under sections 312.006 and 312.007 of the Texas Health and Safety Code. Hernandez responded to the motions, but also non-suited her claim against Baylor. Despite the non-suit, the trial court denied the motions as to both defendants, and Baylor joined Klein in appealing the trial court’s interlocutory order.

The court of appeals dismissed both appeals. 260 S.W.3d 1. The court held it lacked jurisdiction to consider the interlocutory appeals under either section 51.014(a)(5) or (a)(8) of the Civil Practice and Remedies Code. Id. at 7-11. Section 51.014(a)(5) allows an interlocutory appeal from the denial of “a motion for summary[*3] judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state,” while section 51.014(a)(8) authorizes an interlocutory appeal from the grant or denial of “a plea to the jurisdiction by a governmental unit.” Tex. Civ. Prac. & RemCode § 51.014(a)(5), (8). The court reasoned that it lacked jurisdiction under (a)(5) because Klein was not an “officer or employee of the state,” and under (a)(8) because Baylor was not a “governmental unit.” 260 S.W.3d at 7-11. The court also concluded that Chapter 312 of the Texas Health and Safety Code did not confer immunity upon either Baylor or Klein. Id. at 8,10.

II

Because this is an interlocutory appeal, we first consider the matter of our own jurisdiction. Interlocutory appeals are generally final in the courts of appeals, Tex. Gov’t Code § 22.225(b)(3), although exceptions to this general rule exist. See Tex. Gov’t Code § 22.001(a)(l)-(2), (c), (d); see also Univ. of Tex. Sw. Med. Ctr. of Dallas v. Margulis, 11 S.W.3d 186, 187 (Tex.2000) (per curiam). One exception is when a court of appeals’ decision conflicts with another court of appeals’s prior decision. Tex. Gov’t Code § 22.001(a)(2). That exception applies here as the court acknowledged that its decision regarding Klein conflicted with the Fourteenth Court of Appeals’s decision in Young v. Villegas, 231 S.W.3d 1 (Tex.App.-Houston [14th Dist.] 2007, pet. denied). See 260 S.W.3d at 9-11 (disagreeing with the conclusion in Young that “a Baylor doctor, who was similarly situated to Dr. Klein in the instant case,” was authorized by section 51.014(5) “to appeal the denial of his summary judgment motion, in which he asserted immunity from individual liability”).

We also have jurisdiction over this appeal because the court of appeals declined to exercise its interlocutory-appellate jurisdiction. See Lewis v. Funder-burk, 253 S.W.3d 204, 206 (Tex.2008). Even though we may lack jurisdiction over the substance of an appeal, we always have jurisdiction to determine whether the court of appeals correctly applied its jurisdiction. Badiga v. Lopez, 274 S.W.3d 681, 682 n. 1 (Tex.2009); Del Valle Indep. Sch. Dist. v. Lopez, 845 S.W.2d 808, 809 (Tex. 1992) (citing Long v. Humble Oil & Ref. Co., 380 S.W.2d 554, 555 (Tex.1964) (per curiam)).

Ill

As another preliminary matter, we note the parties’ agreement here that Hernandez’s non-suit left no case or controversy as to Baylor. As a general rule, a plaintiff may voluntarily dismiss a case— take a non-suit — at any time before all of the plaintiffs evidence other than rebuttal evidence has been introduced. Tex.R. Civ. P. 162. When this occurs, the non-suit typically moots the case or controversy from the moment of its filing or pronouncement in open court. Univ. of Tex. Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex.2006) (per curiam). Exceptions exist, such as when the defendant has asserted a claim for affirmative relief, see Gen. Land Office of State of Tex. v. OXY U.S.A., Inc., 789 S.W.2d 569, 570 (Tex.1990), but Baylor submits it had no such claim in the trial court.

Appellate courts are prohibited from deciding moot controversies because the separation-of-powers article prohibits advisory opinions on abstract questions of law. Tex. Const, art. II, § 1; Brooks v. Northglen Ass’n, 141 S.W.3d 158, 164 (Tex.2004). Assuming the non-suit in the trial court ended the ease against Baylor, as the parties apparently agree, there was no live controversy for the court of appeals to[*4] decide. But the court of appeals did not dismiss Baylor’s appeal because the case was moot, but rather reasoned that Baylor was not entitled to an interlocutory appeal because it was not a “governmental unit.” See 260 S.W.3d at 7-8 (holding that the Health and Safety Code does not make Baylor a “governmental unit” entitled to interlocutory appeal). Baylor therefore asks us to declare the part of the court of appeals’s opinion pertaining to it void as an advisory opinion. Hernandez, on the other hand, argues that the court of appeals’s judgment is correct whether based on Baylor’s failure to meet the requirements for an interlocutory appeal or due to the absence of a live controversy between the parties. Under either circumstance, the correct action is to dismiss Baylor’s appeal, which is what the court of appeals has done.

When a plaintiff is entitled to a non-suit, the trial court’s dismissal order is ministerial. Hooks v. Fourth Court of Appeals, 808 S.W.2d 56, 59 (Tex.1991). Before the motions hearing in this case, the trial court acknowledged its understanding of this, observing that the non-suit had taken Baylor out of the case. Its subsequent order, however, purported to deny both Klein’s and Baylor’s motions. This may have been inadvertent, but even if the trial court changed its mind about Baylor’s status in the case, the determination is no basis for an interlocutory appeal. That is, even if we assume the trial court’s action here to be a refusal to comply with its ministerial duty to dismiss, no statute provides Baylor the right to an interlocutory appeal under these circumstances. Mandamus, we have said, is the appropriate remedy when a trial court refuses to comply with its ministerial duty to dismiss after a non-suit. Id.

While we do not necessarily agree with the court of appeals’s reasons for dismissing Baylor’s appeal, we agree with its judgment. The court did not err in dismissing Baylor’s appeal and that part of its judgment is accordingly affirmed. The viability of Klein’s interlocutory appeal, however, remains in dispute because Hernandez has not similarly dismissed her claim against him.

IV

Klein asserts a right to an interlocutory appeal under section 51.014(a)(5) of the Civil Practice and Remedies Code. That section provides for the appeal of an order that “denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state.” Tex. Civ. Prac. & Rem.Code § 51.014(a)(5). The order here unquestionably meets some of the statutory requirements: (1) the summary judgment motion is based on an individual’s assertion of immunity, and (2) the trial court’s order denies the motion. The requirement in dispute concerns the status of the movant; that is, whether this individual, who is a resident physician at a supported medical school, is also a state employee for purposes of the statute.

Klein contends that section 312.007(a) of the Texas Health and Safety Code classifies him as a state employee for purposes of his work at Ben Taub. The section, entitled “Individual Liability,” provides:

A medical and dental unit, supported medical or dental school, or coordinating entity is a state agency, and a director, trustee, officer, intern, resident, fellow, faculty member, or other associated health care professional or employee of a medical and dental unit, supported medical or dental school, or coordinating entity is an employee of a state agency for purposes of Chapter 104, Civil Practice and Remedies[*5] Code, and for purposes of determining the liability, if any, of the person for the person’s acts or omissions while engaged in the coordinated or cooperative activities of the unit, school, or entity.

Tex. Health & Safety Code § 312.007(a) (emphasis added). Under this section, a supported medical school, like Baylor, “is a state agency,” and a resident of a supported medical school, like Dr. Klein, “is an employee of a state agency” for two purposes: (1) obtaining indemnity under Chapter 104, Civil Practice and Remedies Code, which requires the state to indemnify employees in certain circumstances based on acts or omissions in the course and scope of employment, and (2) determining liability, if any, for acts or omissions while engaged in the coordinated or cooperative activities of a supported medical school. Because Klein “is an employee of a state agency” for purposes of determining his liability in the underlying suit, he submits that he is a state employee for purposes of this litigation, which includes the right to an interlocutory appeal under section 51.014(a)(5).

The court of appeals, however, disagreed. It concluded Klein was not entitled to the same rights as an “actual” employee of a state agency. 260 S.W.3d at 9-11. More particularly, the court reasoned that the Legislature did not intend to extend sovereign or official immunity, or any attendant rights and benefits associated with such immunity, to a resident of a supported medical school by merely casting the resident as “an employee of a state agency” for purposes of determining liability. Id. at 10-11 (discussing Tex. Health & Safety Code § 312.007(a)). The court’s analysis of the preceding provision, section 312.006(a), informed its understanding of section 312.007(a).

Section 312.006(a), entitled “Limitation on Liability,” states that a supported medical school engaged in coordinated or cooperative medical education, including patient care at a public hospital,

is not liable for its acts and omissions in connection with those activities except to the extent and up to the maximum amount of liability of state government under Section 101.023(a), Civil Practice and Remedies Code, for the acts and omissions of a governmental unit of state government under Chapter 101, Civil Practice and Remedies Code.

Id. § 312.006(a). By its specific reference to section 101.023(a), the court inferred that the Legislature intended only to limit a supported medical school’s liability to the damages caps in the Texas Tort Claims Act. 260 S.W.3d at 5-6 (quoting Tex. Civ. Prac. & Rem.Code § 101.023(a) which limits liability under the Tort Claims Act). Extending that inference to section 312.007(a) as well, the court reasoned that the Legislature intended to make Baylor a state agency and its residents state employees only to the extent of the Tort Claims Act’s damages cap provision, specifically mentioned in 312.006(a), and Chapter 104’s indemnity provisions, specifically mentioned in 312.007(a). Id. at 6-8.

Klein asserts that the court misinterprets these provisions. He submits there are three parts to section 312.006(a): (1) a grant of immunity (“is not liable”), (2) a limited waiver for certain acts (“except to the extent ... of a governmental unit of state government [under the Tort Claims Act]”), and (3) a limitation on damages for those acts (“except ... up to the maximum amount of liability of state government [under the Tort Claims Act]”). He complains that the court of appeals’s analysis only accounts for the last part, ignoring the rest. We agree that the court of appeals reads these provisions too narrowly.

[*6] The cardinal rule of statutory construction is to ascertain and give effect to the Legislature’s intent. Leland v. Brandal, 257 S.W.3d 204, 206 (Tex.2008). When determining that intent, the Code Construction Act further guides our analysis, listing a number of relevant factors including the object sought to be obtained by the legislation, the circumstances under which its was enacted, legislative history, and former statutory provisions on the same or similar subjects, among others. Tex. Gov’t Code § 311.023.

The provisions at issue were first enacted in 1987. That year, the Seventieth Legislature amended Title 71 of the Revised Civil Statutes, which pertained to public health, by adding article 4494t, which related to coordinated medical and dental clinical education. Act of May 28, 1987, 70th Leg., R.S., ch. 219, 1987 Tex. Gen. Laws 1508-10. The Legislature concluded that the clinical education and patient care at public hospitals would benefit from coordination and cooperation rather than competition and that cooperation would enhance educational opportunities while conserving public resources. Id. at 1508. As further background, the senate bill analysis noted that Baylor College of Medicine and the University of Texas Health Science Center at Houston had preliminarily agreed to staff the Harris County Hospital District’s expanding health care facilities and coordinate their education and research efforts, but that “residents, interns, faculty and other health care professionals at the Baylor College of Medicine, a private institution, [did] not have the same level of liability as UTHSCH, a state agency-owned school.” Senate Comm, on Health and Human Services, Bill Analysis, S.B. 1062, 70th Leg., R.S. (1987). The analysis recited the intent to overcome this impediment by equalizing liability, noting that, among other purposes, the bill “establishes that liability of units, schools, and entities engaged in cooperative or coordinated activities and services is the same as state government liability for a governmental unit of state government.” Id.

Two years later, the Legislature repealed article 4494t and recodified it as Chapter 312 of the Health and Safety Code. Act of June 14,1989, 71st Leg., R.S., ch. 678, § 1, 1989 Tex. Gen. Laws 2230, 3165. The codification reorganized the original statute and retitled some of its provisions. For example, before codification, article 4494t contained a single liability section, providing:

Sec. 6. LIABILITY. No coordinating entity, medical and dental unit, or supported medical or dental school engaged in coordinated or cooperative medical or dental clinical education, including patient care and the provision or performance of health or dental services or research at a public hospital, pursuant to Section 4 of this article, shall be liable to any person for its acts and omissions in connection therewith except to the extent and up to but not in excess of the maximum amount of the liability of the state government as specified in Subsection (a) of Section 101.023 of the Texas Tort Claims Act (Chapter 101, Civil Practice and Remedies Code), for the acts and omissions of a governmental unit of the state government as provided in the Texas Tort Claims Act (Chapter 101, Civil Practice and Remedies Code), whether or not such a unit, school, or entity is a “governmental unit” as therein defined. A judgment in an action or a settlement of a claim against any such unit, school, or entity thus permitted under the provisions of the Texas Tort Claims Act shall ban any action involving the same subject matter by the claimant against any director, trustee, officer, intern, resident, fellow, faculty[*7] member, or other associated health care professional or employee of such unit, school, or entity whose act or omission gave rise to the claim, as if the person were an employee of a governmental unit against which such claim was asserted as provided in Section 101.106 of the Texas Tort Claims Act. All directors, trustees, officers, interns, residents, fellows, faculty, and other associated health care professionals and employees of the medical and dental unit, the supported medical or dental school, or the coordinating entity so engaged shall be deemed to be employees of a state agency, and said unit, school, or entity shall be deemed to be a “state agency” for purposes of Chapter 104, Civil Practice and Remedies Code, and for purposes of determining the liability, if any, of such persons for their acts and omissions while engaged in such coordinated or cooperative activities of the units, schools, or entities.

Act of May 28, 1987, 70th Leg., R.S., ch. 219, § 6, 1987 Tex. Gen. Laws 1509-10, repealed by Act of June 14, 1989, 71st Leg., R.S., ch. 678, § 1, 1989 Tex. Gen. Laws 2230, 3165. After codification, this liability section became sections 312.006 and 312.007 of the Texas Health and Safety Code and was retitled, “Limitation on Liability” and “Individual Liability,” respectively. Tex. Health & Safety Code §§ 312.006-.007. This reorganization, however, did not affect any substantive changes. Act of June 14, 1989, 71st Leg., R.S., ch. 678, § 1.001(a), 1989 Tex. Gen. Laws 2230, 2236.

As before, Baylor remained a supported medical school. See Tex. Health & Safety Code § 312.002(6) (defining “supported medical or dental school”). As such, the Legislature has authorized Baylor to coordinate and cooperate with other medical or dental schools and contract to provide medical, dental, or other patient services to public hospitals, the rationale being that such relationships will “(1) enhance the education of students, interns, residents and fellows attending [the schools]; (2) enhance patient care; and (3) avoid any waste of public money.” Id. § 312.001(b); see also id. §§ 312.003-.004; § 312.002(5) (defining “public hospital”). Under this authorization, Baylor has contracted with the Texas Higher Education Coordinating Board and receives state funding for training physicians who provide medical care at public hospitals.

Ben Taub is one such public hospital, being a part of the Harris County Hospital District. This District, like all such countywide districts, is a political subdivision of the State authorized by the Legislature to “provide for the establishment of a hospital or hospital system to furnish medical aid and hospital care to indigent and needy persons residing in the district.” Id. § 281.002(a). These districts and their hospitals are “governmental units” for purposes of the Tort Claims Act. Tex. Civ. Prac. & Rem.Code § 101.001(3).

Here, Baylor and the University of Texas Medical School at Houston, through a coordinating entity called Affiliated Medical Services (“AMS”), have agreed to provide medical care and services, and medical education, training and research activities at Ben Taub and other public hospital facilities and clinics owned and operated by the Harris County Hospital District. The Commissioner of Health has approved this agreement between Baylor and UT regarding AMS, and the State Board of Medical Examiners has certified AMS as a non-profit corporation organized to benefit the public. Under the agreement, Baylor provides all obstetrical and gynecological medical care services at Ben Taub. That was the arrangement in 1994, when Hernandez’s daughter[*8] was delivered, and it remains the arrangement today.

Had Klein been directly employed by Ben Taub, he would be a governmental employee under the Tort Claims Act. Similarly, had the University of Texas Medical Branch or a similar public university provided Klein to the hospital, he would be a governmental employee under the Act. Instead, Baylor provided Klein’s services to Ben Taub. This distinction, however, makes no difference under Chapter 312, which classifies Baylor as a “governmental unit of state government” and a “state agency” for certain purposes, including its services at Ben Taub. Tex. Health & Safety Code §§ 312.006(a)-.007(a).

In addition to making Baylor a “state agency” for certain purposes, including its services at Ben Taub, Chapter 312 also makes Klein a state employee for these same purposes. Tex. Health & Safety Code § 312.007(a). The chapter provides that a supported medical school like Baylor “is not liable for its acts or omissions” in connection with the provision or performance of these services:

except to the extent and up to the maximum amount of liability of state government under Section 101.023(a), Civil Practice and Remedies Code, for the acts and omissions of a governmental unit of state government under Chapter 101, Civil Practice and Remedies Code.

Contrary to the court of appeals’s reading, we construe “the extent” and “the maximum amount” of liability as referencing separate subjects. Thus, a supported medical school is not liable, except (1) to the extent of liability of state government for the acts and omissions of a governmental unit of state government under the Tort Claims Act, and (2) up to the maximum amount of liability of state government under Section 101.023(a) of the Act.

Section 312.006(b) confirms this reading, stating that “[t]he limitation on liability provided by this section applies regardless of whether” the supported medical school “is a ‘governmental unit’ as defined by section 101.001, Civil Practice and Remedies Code.” Id. § 312.006(b). Thus, a supported medical school does not need to be a governmental unit — like UT Medical Branch — to be entitled to immunity; the Health and Safety Code bestows such status by its own terms.

We conclude that the Legislature intended through Chapter 312 to treat Baylor like other governmental entities providing services at public hospitals, extending the same protection and benefits to Baylor and its residents who work at these hospitals. In the words of the chapter, a supported medical school “is a state agency” and a resident of a supported medical school “is an employee of a state agency ... for purposes of determining liability, if any.” Tex. Health & Safety Code § 312.007(a). As an employee of a state agency, complaining about the denial of his motion for summary judgment based on an assertion of immunity, Klein was entitled to bring this interlocutory appeal like any other state employee, and the court of appeals erred in holding otherwise.

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The judgment of the court of appeals is reversed, in part, and Klein’s interlocutory appeal is remanded to the court for consideration of the merits.

Justice WILLETT filed a concurring opinion.

Concurrence

Justice WILLETT,

concurring.

The Court is right that Chapter 312 extends to Baylor College of Medicine resident-physicians the same protection and benefits enjoyed by state agency employees providing services at public hospitals.[*9] The Court is also right that Chapter 312 compels this answer “by its own terms.”[1] Because “the words of the chapter” decide this case,[2] it is imprudent to look outside those words, specifically by peeking into legislative minutiae surrounding the passage of Chapter 312’s predecessor. As today’s case can be decided without consulting legislative history, it should be decided without consulting legislative history.

The Court says the Code Construction Act “guides our analysis”[3] and permits consideration of several extra-textual factors beyond the Legislature’s chosen language, including legislative history. The Act, phrased in permissive language (“a court may consider”),[4] indeed invites judges to consult factors like legislative history “whether or not the statute is considered ambiguous on its face.”[5] Several of our cases, both before and after enactment of the Code Construction Act, posit a simpler and less-manipulable principle: unambiguous text equals dispositive text.

• “Where text is clear, text is determinative of [legislative] intent.”[6]
• “If a statute is clear and unambiguous, we apply its words according to their common meaning without resort to rules of construction or extrinsic aids.”[7]
• “[0]ver-reliance on secondary materials should be avoided, particularly where a statute’s language is clear. If the text is unambiguous, we must take the Legislature at its word and not rummage around in legislative minutiae.” [8]
• “Unless a statute is ambiguous, we must follow the clear language of the statute. This principle has been set forth in a number of Texas cases .... [and] adopted and utilized by this court many times.”[9]
• “If the disputed statute is clear and unambiguous extrinsic aids and rules of statutory construction are inappropriate ....”[10]
• “If the statute being construed is plain and unambiguous, there is no need to resort to rules of construction, and it would be inappropriate to do so.”[11]

Faced with unequivocal language, “the judge’s inquiry is at an end.”[12] Today’s holding is firmly rooted in the statutory text — “[i]n the words of the chapter,”[13] declares the Court — and our analysis should end there; definitive ought to be determinative. Mining legislative minutiae to divine legislative intent may be commonplace, but as we have held, relying on such materials is verboten where the statute itself is absolutely clear.[14]

[*10] I suppose it is fortunate that the senate bill analysis in today’s case is consonant with Chapter 312’s text. But what about tomorrow’s case, where a shrewd snippet from a bill analysis (perhaps unread), committee hearing (perhaps unattended), or floor debate (perhaps unheard) calls into question what the statute unquestionably requires? The peril in citing such background materials even to reinforce what the statute already makes clear (“by its own terms,”[15] as the Court says today) is that it suggests the statute — the words that everyday Texans use to guide their behavior — is not in fact controlling, but is instead vulnerable to challenge by a stray comment entombed somewhere in the legislative record. Questions abound:

• What if the text, unambiguous on its face, commands X but a committee witness testifies Y?
• What if the text, unambiguous on its face, requires X but the judge dislikes the “consequences of [that] particular construction”? [16]
• What if the text, unambiguous on its face, compels X but that outcome clashes with what the judge considers “a just and reasonable result”? [17]
• What if the text, unambiguous on its face, mandates X but the judge believes that result subordinates the “public interest” to “private interest”? [18]

My view: judicial deference requires that judges read the laws that govern our lives in a manner faithful to what those laws actually say.

That said, I accept a confined role for extra-textual aids when laws are nebulous and susceptible to varying interpretations or when necessary to fill in gaps left (perhaps intentionally) by the Legislature. But even then, and preferably only then, we proceed “cautiously,”[19] mindful that such materials conflict as often as they converge, and that our goal is “to solve, but not to create, an ambiguity.”[20]

[*11] As we have held, the “truest manifestation” of what lawmakers intended is what lawmakers enacted — “the literal text they voted on.”[21] And where the Legislature’s words yield a single inescapable interpretation, they are not only the best evidence of intent but the exclusive evidence. “The statute itself is what constitutes the law; it alone represents the Legislature’s singular will, and it is perilous to equate an isolated remark or opinion with an authoritative, watertight index of the collective wishes of 181 individual legislators, who may have 181 different motives and reasons for voting the way they do.”[22]

The Legislature passes and the Governor signs bills, not bill analyses, and we are governed by laws, not by legislative histories. So long as judges resort to external materials even when statutes are clear, lawmakers and lobbyists will keep peppering the legislative record with their preferred interpretation, not to inform legislators enacting statutes but to influence judges interpreting them. And then, when litigation ensues, statutory construction devolves into statutory excavation. The legal scavenger hunt begins, and the often-contradictory tidbits are unearthed and cited — perhaps inaccurately, selectively, or misleadingly[23] — in order to hoodwink earnest judges and enable willful ones to reach a decision foreclosed by the text itself.

Supplanting (or even supplementing) the clarity of what was passed by the legislative branch and signed by the executive branch with what an individual legislator thought, staffer wrote, witness testified, lobbyist assured, or interest group asserted invites jurisprudential kudzu. And once it takes hold, it threatens to choke off the surest guarantee of modest, no-favorites judging: taking the Legislature at its word.

Materials beyond the statute matter little, actually not at all, when the statute itself decides the case. Boiled down, my view is less prudish than prudent: since it is not necessary to look further, it is necessary not to look further[24] Here, I would not look beyond the words of the chapter since the answer is found “[i]n the words of the chapter.”[25]

2

Id. at 8.

3

Id. at 6.

4

Tex Gov’t Code § 311.023 (emphasis added).

5

Id.

6

Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 437 (Tex.2009).

7

In re Estate of Nash, 220 S.W.3d 914, 917 (Tex.2007).

8

Alex Sheshunoff Mgmt. Servs., L.P. v. Johnson, 209 S.W.3d 644, 652 n. 4 (Tex.2006).

9

RepublicBank Dallas, N.A. v. Interkal, Inc., 691 S.W.2d 605, 607 (Tex.1985).

10

Cail v. Serv. Motors, Inc., 660 S.W.2d 814, 815 (Tex.1983).

11

Ex parte Roloff 510 S.W.2d 913, 915 (Tex.1974).

12

Sheshunoff, 209 S.W.3d at 652.

14

Sheshunoff, 209 S.W.3d at 651-52. See also, e.g., Entergy, 282 S.W.3d at 437 ("Only when those words are ambiguous do we 'resort to rules of construction or extrinsic aids.' "[*10] (emphasis added) (quoting In re Estate of Nash, 220 S.W.3d at 917)).

As I noted in AIC Management v. Crews, Justice Scalia, the foremost critic of supplementing clear statutory text with legislative history, has stated his position plainly:

As today's opinion shows, the Court’s disposition is required by the text of the statute .... That being so, it is not only (as I think) improper but also quite unnecessary to seek repeated support in the words of a Senate Committee Report — which, as far as we know, not even the full committee, much less the full Senate, much much less the House, and much much much less the President who signed the bill, agreed with. Since, moreover, I have not read the entire so-called legislative history, and have no need or desire to do so, so far as I know the statements of the Senate Report may be contradicted elsewhere.
Accordingly, because the statute — the only sure expression of the will of Congress — says what the Court says it says, I join in the judgment.

246 S.W.3d 640, 650 n. 5 (Tex.2008) (Willett, J., concurring in the judgment) (quoting Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 267, 124 S.Ct. 2466, 159 L.Ed.2d 355 (2004) (Scalia, J., concurring in the judgment)).

16

Tex. Gov't Code § 311.023(5) (the "consequences of a particular construction” is another permissive factor the Code Construction Act says courts may consider, "whether or not the statute is considered ambiguous on its face”).

17

Id. § 311.021(3) ("it is presumed” that the Legislature, in enacting a statute, intended "a just and reasonable result”).

18

Id. § 311.021(5) ("it is presumed” that the Legislature, in enacting a statute, intended that "public interest is favored over any private interest”).

19

Sheshunoff, 209 S.W.3d at 652 & n. 4.

20

United States v. Shreveport Grain & Elevator Co., 287 U.S. 77, 83, 53 S.Ct. 42, 77 L.Ed. 175 (1932) (quoting Hamilton v. Rathbone, 175 U.S. 414, 421, 20 S.Ct. 155, 44 L.Ed. 219 (1899)).

21

Sheshunoff, 209 S.W.3d at 651.

22

AIC Mgmt., 246 S.W.3d at 650 (Willett, J., concurring in the judgment) (citing Frank H. Easterbrook, Text, History, and Structure in Statutory Interpretation, 17 Harv. J.L. & Pub. Pol'y 61, 68 (1994) ("Intent is elusive for a natural person, fictive for a collective body.”)).

23

See Entergy, 282 S.W.3d at 473 (Willett, J., concurring).

24

Cf. VanDevender v. Woods, 222 S.W.3d 430, 432-33 (Tex.2007). ("Judicial restraint cautions that when a case may be decided on a non-constitutional ground, we should rest our decision on that ground and not wade into ancillary constitutional questions. In such cases, ‘the cardinal principle of judicial restraint — if it is not necessary to decide more, it is necessary not to decide more — counsels us to go no further.' " (footnote omitted) (quoting PDK Labs., Inc. v. U.S. Drug Enforcement Admin., 362 F.3d 786, 799 (D.C.Cir. 2004) (Roberts, J., concurring))).