law-sovereign-immunity | Texas Tort Claims Act Waiver of Immunity | ultra vires claim against official
SOVEREIGN IMMUNITY DOCTRINE
The State of Texas is protected from suits for damages by sovereign immunity, unless
waived by statute. Gen. Servs. Comm’n v. Little-Tex Insulation Co., Inc., 39 S.W.3d 591,
594 (Tex. 2001); Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999) (per
curiam). Legislative consent to waive sovereign immunity by statute must be by “clear and
unambiguous language,” TEX. GOV’T CODE § 311.034, and suit can then be brought “only
in the manner indicated by that consent.” Wichita Falls State Hosp. v. Taylor, 106 S.W.3d
692, 694 (Tex. 2003) (citing Hosner v. DeYoung, 1 Tex. 764, 769 (1847)). “[W]hen
construing a statute that purportedly waives sovereign immunity, we generally resolve
ambiguities by retaining immunity.” Wichita Falls State Hosp., 106 S.W.3d at 697. TxDoT v.
York, No. 07-0743 (Tex. Dec. 5, 2008)(per curiam) (TTCA, dangerous road conditions,
special defect)
Governmental immunity from suit defeats a trial court's subject matter jurisdiction and is thus
properly asserted in a plea to the jurisdiction. Miranda, 133 S.W.3d at 225-26; see also Tex. Dep't
of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999) (stating governmental immunity bars suit
unless the party suing the governmental entity establishes the State's consent either by reference
to a statute or to express legislative permission).
The Declaratory Judgments Act ("DJA") provides an express waiver of governmental immunity for
declaratory relief, but not for money damages. See TEX. CIV. PRAC. & REM.CODE ANN. § 37.004
(a) (Vernon 2008) (providing for a "declaration of rights, status, or other legal relations" when the
construction or validity of a municipal ordinance is challenged); City of El Paso v. Heinrich, 284 S.W.
3d 366, 370-71 (Tex.2009) (reaffirming the rule that the DJA does not authorize circumvention of
sovereign immunity by characterizing a suit for money damages as a declaratory-judgment claim).
Additionally, governmental immunity will not defeat a claim for declaratory or injunctive relief
seeking the refund of illegally collected taxes or fees if the plaintiff alleges "`that the payments were
made as a result of fraud, mutual mistake of fact, or duress, whether express or implied.'" See Tara
Partners, 282 S.W.3d at 576 (quoting Nivens v. City of League City, 245 S.W.3d 470, 474 (Tex.App.
-Houston [1st Dist.] 2007, pet. denied)); see also Dallas County Cmty. Coll. Dist. v. Bolton, 185 S.W.
3d 868, 876-79 (Tex.2005); Camacho v. Samaniego, 954 S.W.2d 811, 822 (Tex.App.-El Paso
1997, pet. denied).
SOVEREIGN IMMUNITY RULINGS FROM THE TEXAS SUPREME COURT |
Also see --> Texas Tort Claims Act (TTCA) Appeals
Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD), No. 06-
0525 (Tex. Mar. 28, 2008)(per curiam) (governmental immunity, breach of contract, statutory
waiver)
TREND OFFSET PRINTING SERVICES, INC. v. COLLIN COUNTY COMMUNITY COLLEGE
DISTRICT; from Collin County; 5th district (05-05-00456-CV, ___ S.W.3d ___, 04-27-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and
without hearing oral argument, the Court reverses the court of appeals' judgment and remands the
case to the trial court.
City of Dallas v. DeQuire, No. 06-0543 (Tex. Mar. 28, 2008)(per curiam)
(local governmental entities, immunity waiver)
CITY OF DALLAS v. DWIGHT DEQUIRE, MICHAEL FELINI, TERRANCE HOPKINS AND LEROY
QUIGG; from Dallas County; 5th district (05-04-01865-CV, 192 S.W.3d 663, 04-18-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and
without hearing oral argument, the Court reverses the court of appeals' judgment and remands the
case to the trial court.
Nueces County v. San Patricio County, No. 07-0166 (Tex. Jan. 25, 2008)(per curiam)
(governmental immunity, county vs county dispute over wrongfully collected property taxes)
NUECES COUNTY v. SAN PATRICIO COUNTY; from Refugio County; 13th district (13-05-00022
CV, 214 S.W.3d 536, 12-07-2006)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and
without hearing oral argument, the Court vacates the court of appeals' judgment and renders
judgment.
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