Texas Dep't of Transp. v. Garcia, 293 S.W.3d 195 (Tex. 2009). · Go Syfert
Texas Dep't of Transp. v. Garcia, 293 S.W.3d 195 (Tex. 2009). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Frances Ramirez Leyva v. Crystal City, Texas (texapp, 2011-10-12)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Frances Ramirez Leyva v. Crystal City, Texas
Tex. App. · 2011 · confidence medium
Tex. Dep’t of Transp. v. Garcia, 293 S.W.3d 195, 196 (Tex.2009); State v. Lueck, 290 S.W.3d 876, 883 (Tex.2009).
cited Cited as authority (rule) Reynaldo Gonzalez v. Great Lakes Dredge & Dock Company
Tex. App. · 2010 · confidence medium
Tex. Dep’t of Transp. v. Garcia, 293 S.W.3d 195, 196 (Tex. 2009) (citing Lueck, 290 S.W.3d at 881 ).
cited Cited as authority (rule) Texas Department of Transportation v. Sergio Garcia
Tex. App. · 2010 · confidence medium
Tex. Dep't of Transp. v. Garcia , 293 S.W.3d 195, 196 (Tex. 2009) (citing Lueck, 290 S.W.3d at 881 ).
discussed Cited "see" Texas Water Development Board v. Lateefah Neal
Tex. App. · 2010 · signal: see · confidence high
See Texas Dep't of Transp. v. Garcia , 293 S.W.3d 195, 196 (Tex. 2009) (per curiam) ("[W]hether Garcia's report of violations of the law to 'enforcement authorities within [TxDOT]' was a good faith report to an appropriate law enforcement authority is a jurisdictional question."); see also Texas Ass'n of Bus. , 852 S.W.2d at 445 (subject-matter jurisdiction may not be waived and may be raised for first time on appeal); cf. Waco Indep.
discussed Cited "see" Texas Water Development Board v. Lateefah Neal
Tex. App. · 2010 · signal: see · confidence high
See Texas Dep’t of Transp. v. Garcia, 293 S.W.3d 195, 196 (Tex. 2009) (per curiam) (“[W]hether Garcia’s report of violations of the law to ‘enforcement authorities within [TxDOT]’ was a good faith report to an appropriate law enforcement authority is a jurisdictional question.”); see also Texas Ass’n of Bus., 852 S.W.2d at 445 (subject-matter jurisdiction may not be waived and may be raised for first time on appeal); cf. Waco Indep.
Retrieving the full opinion text from the archive…
TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner,
v.
Sergio GARCIA, Respondent
07-1030.
Texas Supreme Court.
Aug 28, 2009.
293 S.W.3d 195
2009 Tex. LEXIS 635
2009 WL 2669910
Greg W. Abbott, Attorney General of Texas, David S. Morales, Kristina Weber Silcocks, Rafael Edward Cruz, Walter C. Brocato, Office of the Attorney General of Texas, Henry De La Garza, Asst. Attorney General, James C. Ho, Solicitor General of Texas, Bill Davis, Office of the Attorney General of Texas, Office of Solicitor General, Kent C. Sullivan, Austin, TX, Ryan D. Clinton, Hankinson Levinger, Dallas TX, for Petitioner., Richard E. Zayas, Zayas & Hernandez, P.C., Brownsville, TX, for Respondent.
Per Curiam.
Cited by 5 opinions  |  Published
PER CURIAM.

Sergio Garcia sued the Texas Department of Transportation (TxDOT) under the Texas Whistleblower Act, alleging that he was forced to resign based on two incidents in which he reported violations of law to the “enforcement authorities within [TxDOT].” TxDOT filed a plea to the jurisdiction based on immunity from suit,[*196] claiming that the trial court lacked subject-matter jurisdiction because Garcia failed to make a good faith report of a violation of law to an appropriate law enforcement authority. See Tex. Gov’t Code § 554.002(a). The trial court denied the plea to the jurisdiction and TxDOT took an interlocutory appeal. See Tex. Civ. Prac. & Rem.Code § 51.014(a)(8) (permitting appeal from an interlocutory order that denies a plea to the jurisdiction by a governmental unit). The court of appeals affirmed, holding that the section 554.002(a) elements are not jurisdictional prerequisites but rather go to the merits of the claim. 243 S.W.3d 759, 762-63; see also Tex. Gov’t Code § 554.0035. However, in State v. Lueck, 290 S.W.3d 876, 883 (Tex.2009), we held that “the elements of section 554.002(a) can be considered to determine both jurisdiction and liability.” Accordingly, whether Garcia’s report of violations of the law to “enforcement authorities within [TxDOT]” was a good faith report to an appropriate law enforcement authority is a jurisdictional question. Therefore, without hearing oral argument, Tex.R.App. P. 59. 1, and for the reasons explained in Lueck, we reverse and remand to the court of appeals to determine whether Garcia has alleged a violation under the Act. See Tex. Gov’t Code § 554.002(a).