State waives immunity in Texas

66 Texas opinions name it 3 courts 1991–2025 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 (23)

Case	Followed	Cited
Fristoe v. Leon & H. Blumgreen tex · 1898 · cited in 7 Texas opinions naming this issue, 1991–1994 2 sentences 1994Fristoe v. Blum, 92 Tex. 76 , 45 S.W. 998, 999 (1898). 1994Fristoe v. Blum, 92 Tex. 76 , 45 S.W. 998, 999 (1898).	7	7
Federal Sign v. Texas Southern Universityred tex · 1997 · cited in 17 Texas opinions naming this issue, 1997–2025 2 sentences 2004Federal Sign v. Texas S. Univ., 951 S.W.2d 401 , 408 n.1 (Tex. 1997). 5 Justice Hecht acknowledged conduct that might serve as an exception, such as the long- recognized example of when the State waives immunity by filing suit or, perhaps, when the State has debt obligations such as bonds. 6 The IT-Davy concurrence notes that a dispute such as this not covered by the administrative procedures in chapter 2260 may, alternatively, be presented to the legislature with a petition for permission to sue the State. 2004Federal Sign v. Texas S. Univ. , 951 S.W.2d 401 , 408 n.1 (Tex. 1997). [5] Justice Hecht acknowledged conduct that might serve as an exception, such as the long-recognized example of when the State waives immunity by filing suit or, perhaps, when the State has debt obligations such as bonds. [6] The IT-Davy concurrence notes that a dispute such as this not covered by the administrative procedures in chapter 2260 may, alternatively, be presented to the legislature with a petition for permission to sue the State.	4	17
Texas Natural Resource Conservation Commission v. IT-Davygreen tex · 2002 · cited in 7 Texas opinions naming this issue, 2003–2012 2 sentences 2012Id. at 854 . 2007Id. ; see also Texas Natural Resource Conservation Commission v. IT-Davy , 74 S.W.3d 849, 858 (Tex. 2002)(state agency cannot waive sovereign immunity by contract).	4	7
Texas Adjutant General's Office v. Michele Ngakouegreen tex · 2013 · cited in 4 Texas opinions naming this issue, 2014–2025 2 sentences 2025Tex. Adjutant Gen.’s Office v. Ngakoue, 408 S.W.3d 350, 353 (Tex. 2013) (citation omitted). 2018Tex. Adjutant Gen.’s Office v. Ngakoue, 408 S.W.3d 350, 353 (Tex. 2013) (quoting Prairie View A & M Univ. v. Chatha, 381 S.W.3d 500, 512 (Tex. 2012)).	4	4
General Services Commission v. Little-Tex Insulation Co.green tex · 2001 · cited in 8 Texas opinions naming this issue, 2001–2008 2 sentences 2008See id. 2004Comm’n v. Little-Tex Insulation Co., 39 S.W.3d 591, 594 (Tex.2001) (a state waives immunity from liability when it contracts with private citizens).	3	8
Ben Bolt-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fundgreen tex · 2006 · cited in 4 Texas opinions naming this issue, 2013–2018 2 sentences 2018Dist. v. Tex. Political Subdivisions, 212 S.W.3d 320, 324 (Tex. 2006) (explaining that “[b]y entering into a contract the State waives its immunity from liability but not its immunity from suit. . . . 2015Field See Ben Bolt, 212 S.W.3d at 324 ("By entering into a Filed: August 23, 2013 contract, the State waives its immunity from liability [**33] but not its immunity from suit."); Jones, 8 S.W.3d APPENDIX A7 CAUSE NO.	3	4
University of Texas at El Paso v. Herreragreen tex · 2010 · cited in 3 Texas opinions naming this issue, 2015–2015 2 sentences 2015Alden v. Maine, 527 U.S. 706, 754 (1999); Univ. of Tex. at El Paso v. Herrera, 322 S.W.3d 192, 195 (Tex. 2010). 2015Alden v. Maine, 527 U.S. 706, 754 (1999); Univ. of Tex. at El Paso v. Herrera, 322 S.W.3d 192, 195 (Tex. 2010).	3	3
Alden v. Mainegreen scotus · 1999 · cited in 3 Texas opinions naming this issue, 2015–2015 2 sentences 2015Alden v. Maine, 527 U.S. 706, 754 (1999); Univ. of Tex. at El Paso v. Herrera, 322 S.W.3d 192, 195 (Tex. 2010). 2015Alden v. Maine, 527 U.S. 706, 754 (1999); Univ. of Tex. at El Paso v. Herrera, 322 S.W.3d 192, 195 (Tex. 2010).	3	3
State v. Rodriguezgreen tex · 1999 · cited in 3 Texas opinions naming this issue, 2013–2024 2 sentences 2024CODE ANN. § 101.060). 8 Under Section 101.060(c), “the State waives immunity for ‘the duty to warn of special defects such as excavations or roadway obstructions.’” Rodriguez, 985 S.W.2d at 85 (quoting TEX. 2020The Texas Supreme Court has recognized that “even if sign-placement decisions are discretionary, the State waives immunity for ‘the duty to warn of special defects such as excavations or roadway obstructions.’” State v. Rodriguez, 985 S.W.2d 83, 85 (Tex. 1999), abrogated on other grounds by Beynon, 283 S.W.3d at 331 n.11.; see Tex. Dep’t of Transp. v. Gutierrez, 243 S.W.3d 127, 135 (Tex. App.—San Antonio 2007), rev’d on other grounds, 284 S.W.3d 848 (Tex. 2009) (rejecting TxDOT’s argument that it retained immunity for its decisions concerning the type and placement of warning signs with respec	2	3
Texas Parks & Wildlife Department v. Callawaygreen texapp · 1998 · cited in 2 Texas opinions naming this issue, 2007–2007 2 sentences 2007However, as explained by this Court in Texas Parks & Wildlife Department v. Callaway , 971 S.W.2d 145, 152 (Tex. App.--Austin 1998, no pet.), "[t]he state is immune from a suit for money damages based on an alleged breach of contract unless the state has expressly given its consent to be sued." Stated differently, sovereign immunity bars suit against a governmental entity for money damages based on contract unless the state waives its immunity. 2007However, as explained by this Court in Texas Parks & Wildlife Department v. Callaway, 971 S.W.2d 145, 152 (Tex. App.—Austin 1998, no pet.), “[t]he state is immune from a suit for money damages based on an alleged breach of contract unless the state has expressly given its consent to be sued.” Stated differently, sovereign immunity bars suit against a governmental entity for money damages based on contract unless the state waives its immunity.	2	2
State v. Elliottgreen texapp · 1919 · cited in 2 Texas opinions naming this issue, 1991–1993 2 sentences 1993Fristoe v. Blum, 92 Tex. 76, 45 S.W. 998, 999 (1898); Dillard, 806 S.W.2d at 592 ; Ferguson v. Johnson, 57 S.W.2d 372, 376 (Tex.Civ.App.-Austin 1933, writ dism’d); State v. Elliott, 212 S.W. 695, 698 (Tex.Civ.App.-Galveston 1919, writ ref'd). 1991Fristoe v. Blum, 92 Tex. 76 , 45 S.W. 998, 999 (1898); see State v. Elliott, 212 S.W. 695, 698 (Tex.Civ.App.1919, writ ref’d).	2	2
Ferguson v. Johnsongreen texapp · 1933 · cited in 2 Texas opinions naming this issue, 1992–1993 2 sentences 1993Fristoe v. Blum, 92 Tex. 76, 45 S.W. 998, 999 (1898); Dillard, 806 S.W.2d at 592 ; Ferguson v. Johnson, 57 S.W.2d 372, 376 (Tex.Civ.App.-Austin 1933, writ dism’d); State v. Elliott, 212 S.W. 695, 698 (Tex.Civ.App.-Galveston 1919, writ ref'd). 1992Fristoe v. Blum , 45 S.W. 998, 999 (Tex. 1898); Dillard , 806 S.W.2d at 592 ; Ferguson v. Johnson , 57 S.W.2d 372, 376 (Tex. Civ.	2	2
Denton County v. Beynongreen tex · 2009 · cited in 2 Texas opinions naming this issue, 2013–2020 2 sentences 2020The Texas Supreme Court has recognized that “even if sign-placement decisions are discretionary, the State waives immunity for ‘the duty to warn of special defects such as excavations or roadway obstructions.’” State v. Rodriguez, 985 S.W.2d 83, 85 (Tex. 1999), abrogated on other grounds by Beynon, 283 S.W.3d at 331 n.11.; see Tex. Dep’t of Transp. v. Gutierrez, 243 S.W.3d 127, 135 (Tex. App.—San Antonio 2007), rev’d on other grounds, 284 S.W.3d 848 (Tex. 2009) (rejecting TxDOT’s argument that it retained immunity for its decisions concerning the type and placement of warning signs with respec 2013See State v. Wollesen, 93 S.W.3d 910, 913 (TexApp.-Austin 2002, no pet.) (stating that ‘regardless of whether the governmental act was discretionary, the State waives its immunity for the duty to warn of special defects’) (citing State v. Rodriguez, 985 S.W.2d 83, 85 (Tex.1999) (per curiam), abrogated on other grounds by Denton Cnty. v. Beynon, 283 S.W.3d 329 (Tex.2009)); see also Kelly v. City of La Marque, No. 01-00-01068-CV, 2002 WL 1435924 , at *3 (Tex.App.-Houston [1st Dist.] July 3, 2002, pet. denied) (not designated for publication) (‘Even if the decision in question is discretionary, w	1	2
Texas Department of Transportation v. Jonesgreen tex · 1999 · cited in 2 Texas opinions naming this issue, 2001–2013 2 sentences 2013See Ben Bolt, 212 S.W.3d at 324 (“By entering into a contract, the State waives its immunity from liability but not its immunity from suit.”); Jones, 8 S.W.3d at 637 (plaintiff’s burden to allege valid waiver of immunity). 2001Id.	1	2
Will v. Michigan Department of State Policegreen scotus · 1989 · cited in 2 Texas opinions naming this issue, 2005–2007 2 sentences 2007Will v. Mich. Dept. of State Police , 491 U.S. 58, 66, 109 S. Ct. 2304, 2309-10, 105 L. 2007Will v. Mich. Dept. of State Police , 491 U.S. 58, 66, 109 S. Ct. 2304, 2309-10, 105 L.	1	2
Texas Department of Transportation v. Gutierrezgreen tex · 2009 · cited in 1 Texas opinions naming this issue, 2020–2020 1 sentence 2020The Texas Supreme Court has recognized that “even if sign-placement decisions are discretionary, the State waives immunity for ‘the duty to warn of special defects such as excavations or roadway obstructions.’” State v. Rodriguez, 985 S.W.2d 83, 85 (Tex. 1999), abrogated on other grounds by Beynon, 283 S.W.3d at 331 n.11.; see Tex. Dep’t of Transp. v. Gutierrez, 243 S.W.3d 127, 135 (Tex. App.—San Antonio 2007), rev’d on other grounds, 284 S.W.3d 848 (Tex. 2009) (rejecting TxDOT’s argument that it retained immunity for its decisions concerning the type and placement of warning signs with respec	1	1
Texas Department of Transportation v. Gutierrezgreen texapp · 2007 · cited in 1 Texas opinions naming this issue, 2020–2020 1 sentence 2020The Texas Supreme Court has recognized that “even if sign-placement decisions are discretionary, the State waives immunity for ‘the duty to warn of special defects such as excavations or roadway obstructions.’” State v. Rodriguez, 985 S.W.2d 83, 85 (Tex. 1999), abrogated on other grounds by Beynon, 283 S.W.3d at 331 n.11.; see Tex. Dep’t of Transp. v. Gutierrez, 243 S.W.3d 127, 135 (Tex. App.—San Antonio 2007), rev’d on other grounds, 284 S.W.3d 848 (Tex. 2009) (rejecting TxDOT’s argument that it retained immunity for its decisions concerning the type and placement of warning signs with respec	1	1
Prairie View A&M University v. Diljit K. Chathagreen tex · 2012 · cited in 1 Texas opinions naming this issue, 2018–2018 1 sentence 2018Tex. Adjutant Gen.’s Office v. Ngakoue, 408 S.W.3d 350, 353 (Tex. 2013) (quoting Prairie View A & M Univ. v. Chatha, 381 S.W.3d 500, 512 (Tex. 2012)).	1	1
Texas a & M University-Kingsville v. Lawsongreen tex · 2002 · cited in 1 Texas opinions naming this issue, 2016–2016 1 sentence 2016Hale, 14 S.W. 299 , 300 (Tex. 2000)(holding the state waives immunity from suit when it files suit); Tex. A&M Univ.–Kingsville v. Lawson, 87 S.W.3d 518, 521 (Tex. 2002)(holding where the state has waived sovereign immunity, and then enters an agreement settling the claims subject to that waiver, the state cannot assert sovereign immunity as a basis to avoid enforcement of the settlement).	1	1
The University of Texas at Austin v. Hayesgreen tex · 2010 · cited in 1 Texas opinions naming this issue, 2013–2013	1	1
State v. Wollesengreen texapp · 2002 · cited in 1 Texas opinions naming this issue, 2013–2013	1	1
State v. Humble Oil & Refining Co.green tex · 1943 · cited in 1 Texas opinions naming this issue, 2006–2006	1	1
DalMac Construction Co. v. Texas a & M Universitygreen texapp · 2000 · cited in 1 Texas opinions naming this issue, 2002–2002	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
State v. Martin green texapp · 1961 2 sentences 2006App.—Austin), rev’d in part on other grounds, 168 S.W.2d 216 (Tex. 1942), State v. Martin, 347 S.W.2d 809 (Tex. Civ. 2006The State argues that we erred in the past by holding that the State waives its immunity from counterclaims seeking an “affirmative judgment,” and invites us to overrule Commonwealth of Massachusetts v. Davis, 160 S.W.2d 543 (Tex.Civ.App.-Austin), rev’d in part on other grounds, 140 Tex. 398 , 168 S.W.2d 216 (1942), State v. Martin, 347 S.W.2d 809 (Tex.Civ.App.-Austin 1961, writ ref'd n.r.e.), and State v. Fidelity & Deposit Co., 127 S.W.3d 339 (Tex.App.-Austin 2004, pet. filed).	3	2006–2006
Commonwealth v. Davis green tex · 1942 2 sentences 2006The State argues that we erred in the past by holding that the State waives its immunity from counterclaims seeking an “affirmative judgment,” and invites us to overrule Commonwealth of Massachusetts v. Davis, 160 S.W.2d 543 (Tex.Civ.App.-Austin), rev’d in part on other grounds, 140 Tex. 398 , 168 S.W.2d 216 (1942), State v. Martin, 347 S.W.2d 809 (Tex.Civ.App.-Austin 1961, writ ref'd n.r.e.), and State v. Fidelity & Deposit Co., 127 S.W.3d 339 (Tex.App.-Austin 2004, pet. filed). 2006The State argues that we erred in the past by holding that the State waives its immunity from counterclaims seeking an “affirmative judgment,” and invites us to overrule Commonwealth of Massachusetts v. Davis, 160 S.W.2d 543 (Tex.Civ.App.-Austin), rev’d in part on other grounds, 140 Tex. 398 , 168 S.W.2d 216 (1942), State v. Martin, 347 S.W.2d 809 (Tex.Civ.App.-Austin 1961, writ ref'd n.r.e.), and State v. Fidelity & Deposit Co., 127 S.W.3d 339 (Tex.App.-Austin 2004, pet. filed).	3	2006–2006
Commonwealth of Mass. v. Davis green texapp · 1942 2 sentences 2006However, Borden and Bates also involved situations different than this suit; Bates has been summarized by the supreme court as standing for the proposition that, “in the absence of a statute authorizing it, in an action by the State or any municipality for taxes, offsetting of an indebtedness due by the State or municipality to the tax debtor will not be allowed.” State v. Humble Oil & Refining Co., 169 S.W.2d 707, 708 (Tex. 1943). 7 The State argues that we erred in the past by holding that the State waives its immunity from counterclaims seeking an “affirmative judgment,” and invites us to o 2006The State argues that we erred in the past by holding that the State waives its immunity from counterclaims seeking an "affirmative judgment," and invites us to overrule Commonwealth of Massachusetts v. Davis , 160 S.W.2d 543 (Tex. Civ.	3	2006–2006
McMahon Contracting, L.P. v. City of Carrollton green texapp · 2009 2 sentences 2011Id. 2011Id.	2	2011–2011
Aer-Aerotron, Inc. v. Texas Department of Transportation green texapp · 1999 2 sentences 2001The court of appeals held that by accepting benefits under a contract the State waives its immunity from suit. 997 S.W.2d 687, 692 . 2001The court of appeals held that by accepting benefits under a contract the State waives its immunity from suit. 997 S.W.2d 687, 692 .	2	2001–2002
Green International, Inc. v. State green texapp · 1994 2 sentences 1995Plaintiffs' position runs squarely against our recent holding in Green that while the state waives its immunity from liability when it enters into a contract, it retains its immunity from suit. 877 S.W.2d at 432-33 ; see also Dillard v. Austin Indep. 1995Plaintiffs’ position runs squarely against our recent holding in Green that while the state waives its immunity from liability when it enters into a contract, it retains its immunity from suit. 877 S.W.2d at 432-33 ; see also Dillard v. Austin Indep.	2	1995–1995
Dillard v. Austin Independent School District green texapp · 1991 2 sentences 1993Fristoe v. Blum, 92 Tex. 76, 45 S.W. 998, 999 (1898); Dillard, 806 S.W.2d at 592 ; Ferguson v. Johnson, 57 S.W.2d 372, 376 (Tex.Civ.App.-Austin 1933, writ dism’d); State v. Elliott, 212 S.W. 695, 698 (Tex.Civ.App.-Galveston 1919, writ ref'd). 1992Fristoe v. Blum , 45 S.W. 998, 999 (Tex. 1898); Dillard , 806 S.W.2d at 592 ; Ferguson v. Johnson , 57 S.W.2d 372, 376 (Tex. Civ.	2	1992–1993
Dr. Behzad Nazari, D.D.S. v. State green tex · 2018 1 sentence 2025Id.	1	2025–2025
Reata Construction Corp. v. City of Dallas green tex · 2006 1 sentence 2025Id. at 506 .	1	2025–2025
Texas Department of Parks & Wildlife v. Miranda green tex · 2004 1 sentence 2020E.g., Miranda, 133 S.W.3d at 224 ; TEX.	1	2020–2020
State v. Snyder green tex · 1886 2 sentences 2015Accordingly, Carr cannot stand for rights determined by the same principles applicable to other the proposition that the State waives immunity from suit by litigants.” Snyder, 66 Tex. at 700 , 18 S.W. 106 ; Purcell, 16 entering into a contract. 2015Accordingly, Carr cannot stand for rights determined by the same principles applicable to other the proposition that the State waives immunity from suit by litigants.” Snyder, 66 Tex. at 700 , 18 S.W. 106 ; Purcell, 16 entering into a contract.	1	2015–2015
State v. Fidelity & Deposit Co. of Maryland green texapp · 2004	1	2006–2006
Texas Southern University v. Araserve Campus Dining Services of Texas, Inc. green texapp · 1998	1	2002–2002
Alamo Community College District v. Obayashi Corp. green texapp · 1998	1	2002–2002
Little-Tex Insulation Co. v. General Services Commission green texapp · 1999	1	2002–2002

Statutes the citing opinions construe

USC § 42u.s.c.1983 (7)

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 66 (1991–2025) NY 9 (1920–2023) CT 6 (1991–2000) HI 5 (2012–2019) VT 4 (1995–2020) NC 4 (1996–2002) ND 3 (1991–2017) MI 2 (1983–2018) IL 2 (1977–2019) MD 2 (2009–2011) WA 2 (2009–2009) KY 2 (1938–1943) OH 2 (2002–2014) IA 2 (2001–2012) LA 2 (1955–1966)

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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