Colquitt v. Brazoria Cnty., 324 S.W.3d 539 (Tex. 2010). · Go Syfert
Colquitt v. Brazoria Cnty., 324 S.W.3d 539 (Tex. 2010). Cases Citing This Book View Copy Cite
65 citation events (65 in the last 25 years) across 5 distinct courts.
Strongest positive: Patricia Erving v. Dallas County Hospital District D/B/A Parkland Health (texapp, 2024-02-07)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Patricia Erving v. Dallas County Hospital District D/B/A Parkland Health (2×)
Tex. App. · 2024 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the tort claims act does not require pre-suit notice when the claimant's -3- lawsuit provides all the requisite information and is served within six months of the incident.
discussed Cited as authority (verbatim quote) Morgan v. Plano Independent School District (2×) also: Cited "see, e.g."
5th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
we agree that section 311.034 of the code construction act makes compliance with the notice provisions jurisdictional . . . .
discussed Cited as authority (rule) Texas Department of Public Safety v. Aldo Samuel Sosa, as Wrongful Death Beneficiary of Carmen Huerta Sosa, and Samuel Lloyd, III, as Wrongful Death Beneficiary of Viridiana Charon Lloyd (2×) also: Cited "see"
txctapp13 · 2026 · confidence medium
CODE §§ 101.002, 101.101; Colquitt v. Brazoria County, 324 S.W.3d 539, 543 (Tex. 2010) (citing TEX.
discussed Cited as authority (rule) Christopher Branch v. Fort Bend County
Tex. App. · 2021 · confidence medium
See Arancibia, 324 S.W.3d at 546 ; Colquitt v. Brazoria Cty., 324 S.W.3d 539, 543 (Tex. 2010) (per curiam) (failure to meet section 101.101’s notice requirement operates to preserve the government’s immunity); McQueen, 431 S.W.3d at 756 .
cited Cited as authority (rule) Leondra Leach v. the City of Tyler
Tex. App. · 2021 · confidence medium
Colquitt v. Brazoria Cty., 324 S.W.3d 539, 543 (Tex. 2010).
discussed Cited as authority (rule) University of North Texas Health Science Center A/K/A University of North Texas Health Science Center at Fort Worth Health Systems v. Robyn Walton
Tex. App. · 2020 · confidence medium
The governmental entity is entitled to receive written notice of the claim “not later than six months after the day that the incident giving rise to the claim occurred.” 11 Colquitt v. Brazoria Cty., 324 S.W.3d 539, 542 (Tex. 2010); Tex. Civ.
cited Cited as authority (rule) Texas Department of Transportation v. Leonor Padron, Individually and as Next Friend for A. L., a Minor, and as an Heir and as Surviving Spouse of Jose Lopez Garcia, and as Dependent Administrator for the Estate of Jose Lopez Garcia, Marisol Delgado Aguirre, Sylvia Reyna Ramirez as the Dependent Administrator for the Estate of Alfonso Lopez
Tex. App. · 2019 · confidence medium
It requires instead that the government obtain notice within six months of the incident.” Colquitt v. Brazoria Cty., 324 S.W.3d 539, 543 (Tex. 2010) (citing TEX.
cited Cited as authority (rule) Jefferson County, Texas v. Luis Fernando Martinez Reyes
Tex. App. · 2018 · confidence medium
See Tex. Gov’t Code Ann. § 311.034 (West 2013); Colquitt v. Brazoria Cty., 324 S.W.3d 539, 542 (Tex. 2010); City of Dallas v. Carbajal, 324 S.W.3d 537 , 537–38 (Tex. 2010).
discussed Cited as authority (rule) Clinton Adams v. City of Dallas, Texas
Tex. App. · 2015 · confidence medium
Colquitt v. Brazoria Cty., 324 S.W.3d 539, 543 (Tex. 2010) (per curiam) (holding that the TTCA does not require pre-suit notice when the claimant’s lawsuit provides all the requisite information and is served within six months of the incident); see also Martinez v. Val Verde Cty.
cited Cited as authority (rule) Hidalgo County, Texas v. Dora Herrera, Individually, and as Representative of the Estate of Reynaldo Herrera, Eric Herrera, Efren Herrera, Michael Herrera, Jessica Herrera Rodriguez, Celia Herrera, Vanessa Herrera, Veronica Herrera Rodriguez Herrera, and Rey Herrera
Tex. App. · 2015 · confidence medium
PRAC. & REM. immunity, a county is immune from tort liability CODE ANN. § 101.101; Colquitt v. Brazoria County, for its own acts and the acts of its agents, unless 324 S.W.3d 539, 541 (Tex. 2010).
discussed Cited as authority (rule) the University of Texas Southwestern Medical Center v. Verba Klingsick, Diana Klingsick and Jana Carrasco, Individually and on Behalf of the Estate of William R. Kingsick
Tex. App. · 2015 · confidence medium
Code Ann. §311.034 (West 2015) (“Statutory prerequisites to a suit, including the provision of notice, are jurisdictional requirements in all suits against a governmental entity.”)(App. G); Colquitt v. Brazoria County, 324 S.W.3d 539, 542-43 (Tex. 2010).
discussed Cited as authority (rule) the University of Texas Health Science Center at Houston v. Teresa McQueen and Clarence McQueen, Jr. (2×)
Tex. App. · 2014 · confidence medium
See Arancibia, 324 S.W.3d at 546 ; Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 543 (Tex. 2010) (per curiam) (failure to meet section 101.101’s notice requirement “operate[s] to preserve the government’s immunity”). 8 Although actual notice may be a fact question when the evidence is disputed, it can be determined as a matter of law if the pertinent facts are uncontested.
discussed Cited as authority (rule) Alma Rojas and Elda Vera v. the County of El Paso
Tex. App. · 2013 · confidence medium
Colquitt v. Brazoria County, 324 S.W.3d 539, 543 (Tex.2010); City of El Paso v. Hernandez, 342 S.W.3d 154, 158 (Tex.App.-El Paso 2011, no pet.); see Carbajal, 324 S.W.3d at 538 , citing Tex.Gov’t Code Ann. § 311.034.
discussed Cited as authority (rule) Gordon R. Gross v. the City of Houston (2×)
Tex. App. · 2012 · confidence medium
Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 543 (Tex. 2010) (applying requirement to provide notice of intent to file suit to section 311.034); MHCB (USA) Leasing & Fin.
cited Cited as authority (rule) Francisco Muniz, Individually and as Representative of the Estate of Margarita Marisela Muniz, Francisco Muniz, Jr., Alondra Muniz and Diego Muniz v. Cameron County
Tex. App. · 2012 · confidence medium
CODE ANN. § 101.101; Colquitt v. Brazoria County, 324 S.W.3d 539, 541 (Tex. 2010).
cited Cited as authority (rule) Stockton Ex Rel. Stockton v. Offenbach
Tex. · 2011 · confidence medium
Colquitt v. Brazoria Cmty., 324 S.W.3d 539, 542 (Tex.2010) (per curiam).
discussed Cited as authority (rule) Vera Sullivan and Ray Sullivan v. Aransas County Navigation District (2×)
Tex. App. · 2011 · confidence medium
But I didn‘t 2010 WL 4144590, at **1-2 (Tex. Oct. 22, 2010); Colquitt v. Brazoria County, No. 09-0369, 2010 WL 3813219, at *2 (Tex. Oct. 1, 2010) (per curiam).
discussed Cited "see" State of Texas, Maxx Juusola, Tracy Martin, and Alan Crider v. City of Dallas, Kimberly Bizor Tolbert, in Her Official Capacity as the Interim City Manager for the City of Dallas and the State Fair of Texas
Tex. App. · 2025 · signal: see · confidence high
See [Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 542 (Tex.2010)] (recognizing that although the STATE OF TEXAS’S BRIEF Page 13 of 52 Cause No. 15-25-00122-CV statute called for pre-suit notice, it also provided that formal notice is not required when the government has obtained timely actual notice, and thus because the government had actual notice, the failure to provide formal notice did not act as a statutory prerequisite to suit).
cited Cited "see" Leondra Leach v. the City of Tyler
Tex. · 2022 · signal: see · confidence high
See id. at 543 . 1 Leach accordingly satisfied the statutory requirement because his original petition contained the information that Section 101.101(a) requires.
discussed Cited "see" Metropolitan Transit Authority of Harris County, Texas v. Bridget Hunter
Tex. App. · 2020 · signal: see · confidence high
See Colquitt v. Brazoria Cty., 324 S.W.3d 539, 541 (Tex. 2010) (lawsuit may constitute proper formal notice provided it is timely served and contains all information required by section 101.101(a)).
cited Cited "see" Michael Reid v. UDR Texas Properties, LLC UDR Texas Properties, LLC, Successor to UDR Texas Properties, LP UDR the Cliffs, LLC UDR, Inc. And Western Residential, Inc.
Tex. App. · 2015 · signal: see · confidence high
See Colquitt v. Brazoria County, 324 S.W.3d 539 (Tex. 2010); Cherokee Water Co. v. Ross, 698 S.W.2d 363, 365 (Tex. 1985).
examined Cited "see" Prairie View A&M University v. Diljit K. Chatha (6×) also: Cited "see, e.g."
Tex. · 2012 · signal: see · confidence high
Id. at 365 ; see Colquitt v. Brazoria Cnty, 324 S.W.3d 539, 542 (Tex. 2010).
cited Cited "see" Concho County, Texas v. Billy Randall Gough, as Temporary Administrator of the Estate of Gary August Gough
Tex. App. · 2011 · signal: see · confidence high
See Colquitt v. Brazoria County , 324 S.W.3d 539, 543 (Tex. 2010) (per curiam).
cited Cited "see" Concho County, Texas v. Billy Randall Gough, as Temporary Administrator of the Estate of Gary August Gough
Tex. App. · 2011 · signal: see · confidence high
See Colquitt v. Brazoria County, 324 S.W.3d 539, 543 (Tex. 2010) (per curiam).
cited Cited "see" the City of Houston v. Calvin Atkins, Leonard Walker, and Metropolitan Transit Authority
Tex. App. · 2011 · signal: see · confidence high
Tex. Gov’t Code § 311.034; see Colquitt v. Brazoria County , 324 S.W.3d 539 , 542–43 (Tex. 2010) (per curiam).
discussed Cited "see" Timmons v. University Medical Center
Tex. App. · 2011 · signal: see · confidence high
See Colquitt v. Brazoria County, 324 S.W.3d 539, 543 (Tex.2010) (examining sections 311.034 and 101.101 generally and concluding, inter alia, the notice requirement found in TTCA section 101.101 is a statutory prerequisite to the government’s waiver of immunity and is jurisdictional); see also Estate of Arancibia, 324 S.W.3d at 546-47 .
discussed Cited "see" Tamara Timmons v. University Medical Center and John P. Thomas, M.D. (2×)
Tex. App. · 2011 · signal: see · confidence high
See Colquitt v. Brazoria County, 324 S.W.3d 539 , 2010 Tex. LEXIS 691, at *8 (Tex. Oct. 1, 2010) (examining sections 311.034 and 101.101 generally and concluding, inter alia, the notice requirement found in TTCA section 101.101 is a statutory prerequisite to the government's waiver of immunity and is jurisdictional); see also Estate of Arancibia, 324 S.W.3d 544 , 2010 Tex. LEXIS 792, at *3 .
discussed Cited "see" Tamara Timmons v. University Medical Center and John P. Thomas, M.D. (2×)
Tex. App. · 2011 · signal: see · confidence high
See Colquitt v. Brazoria County, 324 S.W.3d 539 , 2010 Tex. LEXIS 691, at *8 (Tex. Oct. 1, 2010) (examining sections 311.034 and 101.101 generally and concluding, inter alia, the notice 4 requirement found in TTCA section 101.101 is a statutory prerequisite to the government’s waiver of immunity and is jurisdictional); see also Estate of Arancibia, 324 S.W.3d 544 , 2010 Tex. LEXIS 792, at *3 .
discussed Cited "see" Tamara Timmons v. University Medical Center and John P. Thomas, M.D. (2×)
Tex. App. · 2011 · signal: see · confidence high
See Colquitt v. Brazoria County , 324 S.W.3d 539 , 2010 Tex. LEXIS 691, at *8 (Tex. Oct. 1, 2010) (examining sections 311.034 and 101.101 generally and concluding, inter alia , the notice requirement found in TTCA section 101.101 is a statutory prerequisite to the government’s waiver of immunity and is jurisdictional); see also Estate of Arancibia , 324 S.W.3d 544 , 2010 Tex. LEXIS 792, at *3 .
cited Cited "see, e.g." Texas Tech University Health Science Center - El Paso v. Philip E. Mohrman Individually and as Representative of the Estate of Robert K. Borst
txctapp8 · 2025 · signal: see also · confidence medium
Code Ann. § 101.101 (a); see also Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 541 (Tex. 2010) (per curiam) (construing § 101.101(a) to require “formal, written notice”).
discussed Cited "see, e.g." Nagakrishna Reddy, M.D. And New Braunfels Ob/Gyn, P.A. v. Haley Hebner and Darrin Charles Scott, Individually and as Next Friends of R. M. S., a Minor
Tex. App. · 2014 · signal: see also · confidence medium
Id. § 51.014(a)(9) (authorizing appeal “from an interlocutory order” that “denies all or part of the relief sought by a motion under Section 74.351(b)”); see Rosemond v. Al-Lahiq, 331 S.W.3d 764 , 767 n.3 (Tex. 2011) (per curiam); see also Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 542 (Tex. 2010) (per curiam) (explaining that interlocutory orders are generally not appealable).
discussed Cited "see, e.g." Nagakrishna Reddy, M.D. And New Braunfels Ob/Gyn, P.A. v. Haley Hebner and Darrin Charles Scott, Individually and as Next Friends of R. M. S., a Minor
Tex. App. · 2014 · signal: see also · confidence medium
Id. § 51.014(a)(9) (authorizing appeal “from an interlocutory order” that “denies all or part of the relief sought by a motion under Section 74.351(b)”); see Rosemond v. Al-Lahiq, 331 S.W.3d 764 , 767 n. 3 (Tex.2011) (per curiam); see also Colquitt v. Brazoria Cnty., 324 S.W.3d 539, 542 (Tex.2010) (per curiam) (explaining that interlocutory orders are generally not appealable).
discussed Cited "see, e.g." Forge v. Nueces County
Tex. App. · 2011 · signal: see also · confidence low
We believe that the legislative intent for the amendment clearly centers on the relationship between the waiver of sovereign immunity and the “certain steps” required by various statutes to “take advantage of that waiver.” See Colquitt, 282 S.W.3d at 586 (“The Texas legislature added [the statutory prerequisites] language to section 311.034 ... to clarify its intent regarding the relationship between statutory prerequisites to a suit and sovereign immunity.”); Tex. Dep’t of Criminal Justice v. Thomas, 263 S.W.3d 212, 217-18 (Tex.App.-Houston [1st Dist.] 2007, no pet.) (same); see…
discussed Cited "see, e.g." Lorenzo Forge v. Nueces County, Texas and Jim Kaelin, Sheriff, Nueces County, Texas
Tex. App. · 2011 · signal: see also · confidence low
We believe that the legislative intent for the amendment clearly centers on the relationship between the waiver of sovereign immunity and the "certain steps" required by various statutes to "take advantage of that waiver." See Colquitt, 282 S.W.3d at 586 ("The Texas legislature added [the statutory prerequisites] language to section 311.034 . . . to clarify its intent regarding the relationship between statutory prerequisites to a suit and sovereign immunity."); Tex. Dep't of Criminal Justice v. Thomas, 263 S.W.3d 212, 217-18 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (same); see also Col…
Retrieving the full opinion text from the archive…
Glenn COLQUITT, Petitioner,
v.
BRAZORIA COUNTY, Respondent
09-0369.
Texas Supreme Court.
Oct 1, 2010.
324 S.W.3d 539
James T. Liston, Marc Evan Kutner, Spagnoletti & Co., Houston TX, Brenton Joel Allison, Douglas Travis Gilman, Gil-man & Allison LLP, Pearland TX, for Petitioner., Raethella Jones, Brazoria County District Attorney’s Office, Jerilynn Yenne, Criminal District Attorney, Angleton TX, for Respondent., Andrew T. McKinney, McKinney & Cooper, L.L.P., Houston TX, for Fluor Daniel Corp., Mary M. Markantonis, Dean Pappas & Associates, Houston TX, for Amicus Curiae American Home Insurance.
Per Curiam.
Cited by 41 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: Texas Supreme Court (1) · Court of Appeals of Texas (1)
[*541] PER CURIAM.

The Texas Tort Claims Act requires that a governmental unit obtain notice of a claim against it within six months of the incident giving rise to the claim. Tex. Crv. Prac. & Rem.Code § 101.101. We have construed this provision as entitling a governmental unit to formal, written notice of a claim within six months of the incident unless it has actual notice. Tex. Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338, 339 (Tex.2004) (citing Cathey v. Booth, 900 S.W.2d 339, 341 (Tex.1995)) (per cu-riam). This written notice “must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident.” Tex. Civ. Prao. & Rem.Code § 101.101(a).

The issue in this case is whether the lawsuit itself, served on the governmental unit within six months of the incident and containing all the requisite information, constitutes proper notice under the Act. The court of appeals concluded it did not and dismissed the case. 282 S.W.3d 582, 587. We conclude that it does and, accordingly, reverse and remand to the trial court.

Glen Colquitt was injured in a fall while working for a private contractor at the Brazoria County jail. Within two months of his accident, Colquitt filed suit against Brazoria County alleging negligence and premises liability. Colquitt served the County with his petition, but he did not otherwise provide separate written notice of his claim.

About two years later, the County filed a plea to the jurisdiction, contending that Colquitt’s failure to provide written notice deprived the trial court of jurisdiction under the Tort Claims Act. The trial court disagreed and denied the County’s plea. The County elected to take an interlocutory appeal rather than proceed to trial. [1] In that appeal, the court of appeals agreed •with the County, reversing the trial court’s interlocutory order and rendering judgment that Colquitt’s lawsuit be dismissed. 282 S.W.3d 582, 587. The court reasoned that section 311.034 of the Code Construction Act modified the notice provisions of the Tort Claims Act, creating a jurisdictional requirement that formal or actual notice precede the filing of any lawsuit against the governmental unit, even those lawsuits filed within six months of the injury-producing incident. Id. (citing Tex. Gov’t Code § 311.034). [2]

This is an interlocutory appeal over which we have limited jurisdiction. See Tex. Civ. Prac. & Rem.Code § 51.014(a)(8) (authorizing an appeal from[*542] an order denying a governmental unit’s plea to the jurisdiction). Our appellate jurisdiction generally extends only to final judgments that dispose of all parties and issues in the case. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001). Interlocutory orders are typically not appeal-able, and those that can be appealed ordinarily go no further than the court of appeals unless there is a dissent or conflict. See Tex. Gov’t Code § 22.225(b)(3), (c). Here, we have a conflict, see Cavazos v. City of Mission, 797 S.W.2d 268, 271 (Tex.App.-Corpus Christi 1990, no writ), but even if that were not the case, we would have appellate jurisdiction to review the court of appeals’ judgment because its disposition of the case on jurisdictional grounds is a final judgment. Hoff v. Nueces Cnty,, 153 S.W.3d 45, 47 n. 1 (Tex.2004) (per curiam); see also Klein v. Hernandez, 315 S.W.3d 1, 3 (Tex.2010) (noting that this Court always has jurisdiction to determine whether court of appeals correctly applied its jurisdiction).

In Cavazos, the court of appeals held that a lawsuit, served on the governmental unit within six months of the incident, constituted actual notice under the Tort Claims Act. Cavazos, 797 S.W.2d at 271. Formal notice is not required when the government has obtained timely actual notice of the incident. See Tex. Civ. Prac. & Rem.Code § 101.101(c). The court accordingly reversed the government’s summary judgment based upon the claimant’s failure to give notice and remanded the case for trial. Id. The County argues that Cava-zos is distinguishable because it predates the 2005 amendment to the Code Construction Act that now makes statutory prerequisites to suit, such as notice, jurisdictional. See Tex. Gov’t Code § 311.034 (“Statutory prerequisites to a suit, including the provision of notice, are jurisdictional requirements in all suits against a governmental entity.”). The County contends then that the County had to have actual or formal notice of the incident before Col-quitt filed his lawsuit, even though Col-quitt filed the suit within the Tort Claims Act’s six-month notice period. See Tex. Civ. Prac. & Rem.Code § 101.101. The court of appeals agreed, holding that the 2005 amendment to section 311.034 also operated to amend the Tort Claims Act’s notice provision, making “pre-suit notice of a claim under the Texas Tort Claims Act [ ] jurisdictional.” 282 S.W.3d at 587. We disagree.

The Tort Claims Act’s notice provision provides in pertinent part:

§ 101.101. Notice
(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:
(1) the damage or injury claimed;
(2) the time and place of the incident; and
(3) the incident.
(b) ⅝ * *
(c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant’s property has been damaged.

Tex. Civ. Prac. & Rem.Code § 101.101. In University of Texas Southwestern Medical Center at Dallas v. Loutzenhiser, 140 S.W.3d 351, 364 (Tex.2004), we concluded that this notice provision, while mandatory and a potential bar to any action under the Tort Claims Act, was not a condition of the Act’s waiver of immunity. After our decision in Loutzenhiser, the Legislature amended section 311.034 of the Code Construction Act to make notice, and other[*543] statutory prerequisites, jurisdictional, that is, a condition of the Act’s waiver of immunity from suit. See Act of June 1, 2005, 79th Leg., R.S. ch. 1150, 2005 Tex. Gen. Laws 3783 (adding the last sentence to Tex. Gov’t Code § 311.034).

Before this amendment, a failure to comply with the Tort Claims Act’s mandatory notice requirement resulted in a bar to liability; after the amendment, a similar failure operated to preserve the government’s immunity. In other words, the 2005 amendment to section 311.034 changed the character of the government’s defense from a plea in bar to a plea to the jurisdiction, making the Tort Claims Act’s six-month notice requirement a condition for the governmental unit’s waiver of immunity from suit under the Act. The court of appeals, however, takes the analysis one step further, suggesting that the amendment also potentially shortened the Tort Claims Act’s notice period by requiring that notice precede the lawsuit’s physical filing -without regard to whether section 101.101’s six-month notice period had expired.

While we agree that section 311.034 of the Code Construction Act makes compliance with the notice provisions jurisdictional, City of Dallas v. Carbajal, 324 S.W.3d 537, 537-38 (Tex.2010), we do not agree that the former otherwise modifies or changes the latter. Section 311.034 is not a notice provision; it does not express any particular period for notice different from that in the Tort Claims Act. It merely states that statutory prerequisites to suit, like notice, are jurisdictional. Thus, the notice requirement of the Tort Claims Act is a statutory prerequisite to the government’s immunity waiver and is, according to the Code Construction Act, now jurisdictional.

The Tort Claims Act, however, does not require that notice be given before filing suit. It requires instead that the government obtain notice within six months of the incident. Tex. Civ. Prac. & Rem.Code § 101.101. As a practical matter, pre-suit notice may be required if the lawsuit is filed more than six months after the incident. But when as here the lawsuit is filed a mere 55 days after the incident, imposing a pre-suit notice requirement is contrary to the text of section 101.101, which aims “to ensure a prompt reporting of claims to enable the [government] to investigate while facts are fresh and conditions remain substantially the same.” City of Houston v. Torres, 621 S.W.2d 588, 591 (Tex.1981). The notice provision also aids the government in the management and control of its finances and property. Artco-Bell Corp. v. City of Temple, 616 S.W.2d 190, 192 (Tex.1981); see also Tex. Gov’t Code § 311.034. Serving a lawsuit within the six-month notice period satisfies the Act’s notice requirements by alerting the government of the need to investigate.

The court of appeals accordingly erred in reading Texas Government Code section 311.034 and Texas Civil Practice and Remedies Code section 101.101 together to impose pre-suit notice as a condition to the government’s waiver of immunity under the circumstances here. The Tort Claims Act does not require pre-suit notice when the claimant’s lawsuit provides all the requisite information and is served within six months of the incident. Because the suit here provided the requisite notice under section 101.101, we grant the petition for review and, without hearing oral argument, reverse the court of appeals’ judgment and remand the case to the trial court for further proceedings. Tex.R.App. P. 59.1.

1

. This is the second interlocutory appeal in this case. In the previous appeal, the County argued that Colquitt failed to plead facts sufficient to establish a waiver of governmental immunity under the Tort Claims Act. The court of appeals concluded that the trial court had properly denied the County's jurisdictional challenge because it implicated the merits of the underlying cause of action. See Brazoria Cnty. v. Colquitt, 226 S.W.3d 551 (Tex.App.-Houston [1st Dist.] 2007, no pet.)

2

. § 311.034. Waiver of Sovereign Immunity

In order to preserve the legislature's interest in managing state fiscal matters through the appropriations process, a statute shall not be construed as a waiver of sovereign immunity unless the waiver is effected by clear and unambiguous language. In a statute, the use of ''person,” as defined by Section 311.005 to include governmental entities, does not indicate legislative intent to waive sovereign immunity unless the context of the statute indicates no other reasonable construction. Statutory prerequisites to a suit, including the provision of notice, are jurisdictional requirements in all suits against a governmental entity.

Tex. Gov’t Code § 311.034 (emphasis added). The highlighted language was added to the statute in 2005.