Legislature waived immunity (Texas) · Go Syfert
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Legislature waived immunity in Texas

27 Texas opinions name it 2 courts 1998–2026 6 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
Texas a & M University-Kingsville v. Lawsongreen
tex · 2002 · cited in 4 Texas opinions naming this issue, 2011–2011
2 sentences

2011And, though the legislature waived its immunity from suits founded upon such claims per §554.0035 of the Texas Government Code, Tex. A&M University-Kingsville v. Lawson, 87 S.W.3d at 521 (so stating), it said nothing about the waiver encompassing agreements settling those suits.

2011And, though the legislature waived its immunity from suits founded upon such claims per § 554.0035 of the Texas Government Code, Tex. A & M University-Kingsville v. Lawson, 87 S.W.3d at 521 (so stating), it said nothing about the waiver encompassing agreements settling those suits.

44
Wichita Falls State Hospital v. Taylorgreen
tex · 2003 · cited in 3 Texas opinions naming this issue, 2008–2015
2 sentences

2015See Taylor, 106 S.W.3d at 697, 701 . (stating that ambiguity precludes finding of unmistakable legislative intent to waive sovereign immunity and requiring that waiver be unambiguous and “beyond doubt”). ' • Because a violation of the Securities Act “sounds in tort” and the four Taylor factors do not support the conclusion that the Legislature waived immunity under the statute, we conclude that a violation of the Securities Act is a claim that “could have been brought under [the Tort.

2008Id.

33
Texas Department of Parks & Wildlife v. Mirandagreen
tex · 2004 · cited in 3 Texas opinions naming this issue, 2006–2024
2 sentences

2024Miranda, 133 S.W.3d at 224 .

2006Miranda , 133 S.W.3d at 224, 226 .

23
Texas Parks & Wildlife Department v. Sawyer Trustgreen
tex · 2011 · cited in 2 Texas opinions naming this issue, 2025–2025
2 sentences

2025Though Appellees, as an arm of the State, are generally immune from suit, Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011), sovereign immunity does not protect Appellees from a lawsuit for injunctive relief or where 20 the Legislature waived immunity.

2025Though Appellees, as an arm of the State, are generally immune from suit, Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011), sovereign immunity does not protect Appellees from a lawsuit for injunctive relief or where 20 the Legislature waived immunity.

22
Texas Natural Resource Conservation Commission v. IT-Davygreen
tex · 2002 · cited in 2 Texas opinions naming this issue, 2025–2025
2 sentences

2025Tex. Nat’l Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002); TEX.

2025Tex. Nat’l Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002); TEX.

22
Simmons v. Arnimgreen
tex · 1920 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008PROP.CODE § 21.019(a). [4] § 21.019(b). [5] See Simmons v. Arnim, 110 Tex. 309 , 220 S.W. 66, 70 (1920). [6] Alex Sheshunoff Mgmt.

2008PROP.CODE § 21.019(a). [4] § 21.019(b). [5] See Simmons v. Arnim, 110 Tex. 309 , 220 S.W. 66, 70 (1920). [6] Alex Sheshunoff Mgmt.

22
Texas Department of Transportation v. Jonesgreen
tex · 1999 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999).

2008Tex. Dep’t of Transp. v. Jones , 8 S.W.3d 636, 638 (Tex. 1999).

22
City of LaPorte v. Barfieldred
tex · 1995 · cited in 2 Texas opinions naming this issue, 2000–2000
2 sentences

2000See Barfield , 898 S.W.2d at 298 .

2000See id. at 293-98 . (6) We will use this same approach in evaluating Milner's argument. (a) Does Chapter 416 waive sovereign immunity?

22
Rolling Plains Groundwater Conservation District v. City of Aspermontgreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026We have relied on this exact consideration in the past to declare that a statutory right still carries “meaning” when it is “construed against an asserted waiver of immunity.” Rolling Plains Groundwater Conservation Dist. v. City of Aspermont, 353 S.W.3d 756, 759 (Tex. 2011) (citation omitted). 24 *** Today the Court holds that in this particular statutory context, the Legislature waived immunity not by saying “immunity is waived” or “the State is liable” or “the State is a necessary party,” but by placing a statutory right in a particular code chapter, granting courts jurisdiction over disput

11
City of Dallas v. Albertgreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025City of Dallas v. Albert, 354 S.W.3d 368, 373 (Tex. 2011) (“[Sovereign immunity’s] boundaries are established by the judiciary, but we have consistently held that waivers of it are the prerogative of the Legislature.”); see also Tex. Gov’t Code § 311.034.

11
Terrell Ex Rel. Estate of Terrell v. Siskgreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Est. of Terrell v. Sisk, 111 S.W.3d 274, 280 (Tex. App.—Texarkana 2003, no pet.) (“As a public official sued in his official capacity, Judge Sisk is protected by the same sovereign immunity enjoyed by the state agency he represents.”); Denson v. T.D.C.J.-I.D., 63 S.W.3d 454, 460 (Tex. App.—Tyler 1999, pet. denied); Pickell v. Brooks, 846 S.W.2d 421 , 424-25 (Tex. App.— Austin 1992, writ denied). -4- Bexar County, as a political subdivision, falls within the definition of “government agency” and enjoys governmental immunity from suit under the TRFRA unless Carlin can show the legislature waived

11
Denson v. T.D.C.J-I.D.green
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Est. of Terrell v. Sisk, 111 S.W.3d 274, 280 (Tex. App.—Texarkana 2003, no pet.) (“As a public official sued in his official capacity, Judge Sisk is protected by the same sovereign immunity enjoyed by the state agency he represents.”); Denson v. T.D.C.J.-I.D., 63 S.W.3d 454, 460 (Tex. App.—Tyler 1999, pet. denied); Pickell v. Brooks, 846 S.W.2d 421 , 424-25 (Tex. App.— Austin 1992, writ denied). -4- Bexar County, as a political subdivision, falls within the definition of “government agency” and enjoys governmental immunity from suit under the TRFRA unless Carlin can show the legislature waived

11
Charles J. Hughes v. Tom Green Countygreen
tex · 2019 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Hughes v. Tom Green County, 573 S.W.3d 212, 218 (Tex. 2019) (“Governmental immunity refers to the protection afforded the state’s political subdivisions, such as the County here.”).

11
State v. Lueckgreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Pension Sys. 458 S.W.3d 1, 13 (Tex. 2015) (“While it is true that sovereign immunity does not bar a suit to vindicate constitutional rights, immunity from suit is not waived if the constitutional claims are facially invalid[.]”) (internal citations omitted); State v. Lueck, 290 S.W.3d 876, 881-82 (Tex. 2009) (elements of Whistleblower Claim are jurisdictional facts and may be considered in deciding a plea to the jurisdiction). 8 Shobassy’s response does not reference section 554.0035 of the Government Code, the provision in the Whistleblower Act in which the Legislature waived immunity “to the

11
Klumb v. Houston Municipal Employees Pension Systemgreen
tex · 2015 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Pension Sys. 458 S.W.3d 1, 13 (Tex. 2015) (“While it is true that sovereign immunity does not bar a suit to vindicate constitutional rights, immunity from suit is not waived if the constitutional claims are facially invalid[.]”) (internal citations omitted); State v. Lueck, 290 S.W.3d 876, 881-82 (Tex. 2009) (elements of Whistleblower Claim are jurisdictional facts and may be considered in deciding a plea to the jurisdiction). 8 Shobassy’s response does not reference section 554.0035 of the Government Code, the provision in the Whistleblower Act in which the Legislature waived immunity “to the

11
Mission Consolidated Independent School District v. Garciagreen
tex · 2008 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Garcia, 253 S.W.3d at 660 (holding that subsection (b) did not bar a claim against a governmental unit because the Legislature waived immunity); Amadi, *276 369 S.W.3d at 259-60, 262 (same); see also Tex. Civ.

11
Jane Uche Amadi, Constance Nnadi, and World Anointing Center Ministries, Inc. v. City of Houstongreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Garcia, 253 S.W.3d at 660 (holding that subsection (b) did not bar a claim against a governmental unit because the Legislature waived immunity); Amadi, *276 369 S.W.3d at 259-60, 262 (same); see also Tex. Civ.

11
Kuhl v. City of Garlandgreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 1998–1998
2 sentences

1998Kuhl v. City of Garland, 910 S.W.2d 929, 931 (Tex.1995).

1998Kuhl v. City of Garland, 910 S.W.2d 929, 931 (Tex.1995).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Ben Bolt-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund green
tex · 2006
2 sentences

2008Gov’t Code §§ 271.151, 271.152; Ben Bolt, 212 S.W.3d at 326-27 .

2008Gov = t Code '' 271.151, 271.152; Ben Bolt , 212 S.W.3d at 326 B 27.

22008–2008
Pickell v. Brooks green
texapp · 1993
1 sentence

2023Est. of Terrell v. Sisk, 111 S.W.3d 274, 280 (Tex. App.—Texarkana 2003, no pet.) (“As a public official sued in his official capacity, Judge Sisk is protected by the same sovereign immunity enjoyed by the state agency he represents.”); Denson v. T.D.C.J.-I.D., 63 S.W.3d 454, 460 (Tex. App.—Tyler 1999, pet. denied); Pickell v. Brooks, 846 S.W.2d 421 , 424-25 (Tex. App.— Austin 1992, writ denied). -4- Bexar County, as a political subdivision, falls within the definition of “government agency” and enjoys governmental immunity from suit under the TRFRA unless Carlin can show the legislature waived

12023–2023
Mission Consolidated Independent School District v. Garcia green
tex · 2012
1 sentence

2015The TCHRA "clearly and unambiguously waives immunity for suits brought against school districts under the TCHRA,” but the Legislature waived immunity "only for those suits where the plaintiff actually alleges a violation of the TCHRA by pleading facts that state a claim thereunder.” Id. at 636 .

12015–2015
Zachry Construction Corporation v. Port of Houston Authority of Harris County, Texas green
tex · 2014
2 sentences

2015No claim to original U.S. Government Works. 31 Zachry Const. Corp. v. Port of Houston Authority of Harris County, 449 S.W.3d 98 (2014) 57 Tex. Sup. Ct. J. 1378 Id. § 114.004(a)(1) (emphasis added).

2015No claim to original U.S. Government Works. 31 Zachry Const. Corp. v. Port of Houston Authority of Harris County, 449 S.W.3d 98 (2014) 57 Tex. Sup. Ct. J. 1378 Id. § 114.004(a)(1) (emphasis added).

12015–2015
State v. Mid-South Pavers, Inc. green
texapp · 2008
1 sentence

2014In that statute, the legislature waived immunity from suit when the suit was one to resolve “a claim arising out of a contract.” Id. (quoting Tex. Transp.

12014–2014

Statutes the citing opinions construe

TX § Tex. Educ. Code § 109.001 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 27 (1998–2026) WY 3 (2011–2011) CA 3 (2024–2025) NM 2 (1994–2020) IL 2 (2018–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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