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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Texas Workforce Commission v. Olivas

Ms. Maria Elena Olivas, a former employee of the Texas Workforce Commission, filed a workers' compensation claim after developing injuries in March 2008. She was subsequently dismissed from employment in May 2009, leading her to file a suit against the Commission for retaliatory discharge. The Commission filed a plea to the jurisdiction, asserting sovereign immunity and arguing that Section 311.034 of the Texas Government Code mandated an unequivocal waiver of immunity, which it claimed was absent in the anti-retaliation provisions of Chapter 451. The trial court denied the Commission's plea. On appeal, the Commission contended that Section 311.034 abrogated existing Texas Supreme Court precedent (*Kerrville State Hosp. v. Fernandez*) that recognized a waiver of sovereign immunity for such claims against state agencies. The appellate court affirmed the trial court's denial, holding that the State Applications Act (SAA) still provides a clear and unambiguous waiver of sovereign immunity for retaliation claims against state agencies, and that neither Section 311.034 nor the *Travis Central Appraisal District v. Norman* decision altered this established legal analysis.

Sovereign ImmunityRetaliatory DischargeWorkers' Compensation ClaimPlea to JurisdictionAppellate ReviewGovernment CodeLabor CodeLegislative WaiverState AgenciesStatutory Construction
References
4
Case No. MISSING
Regular Panel Decision

City of Mexia v. Tooke

The City of Mexia contracted with J.E. Tooke and Sons for curbside collection, but later terminated the agreement citing budgetary constraints. Tooke sued the City for breach of contract, and the trial court denied the City's plea to jurisdiction and ruled in favor of Tooke. On appeal, the central question was whether section 51.075 of the Texas Local Government Code waives sovereign immunity for home-rule municipalities. The appellate court examined the statutory language and Supreme Court precedents on immunity waiver, concluding that the 'plead and be impleaded' language does not constitute a clear and unambiguous waiver. Furthermore, the court rejected arguments that the City waived immunity through partial performance or by acting in a proprietary capacity, as solid waste removal is a governmental function. Consequently, the appellate court reversed the trial court's judgment and dismissed the case for lack of jurisdiction.

Sovereign ImmunityHome-Rule MunicipalitiesWaiver of ImmunityBreach of ContractTexas Local Government CodeGovernmental FunctionsProprietary FunctionsPlea to JurisdictionAppellate ReviewStatutory Interpretation
References
33
Case No. MISSING
Regular Panel Decision
Nov 08, 2006

Texas Ass'n of School Boards Risk Management Fund v. Benavides Independent School District

The Texas Association of School Boards Risk Management Fund appealed the denial of its plea to the jurisdiction concerning claims brought by the Benavides Independent School District. The School District had sued for breach of contract, torts (DTPA, breach of duty of good faith and fair dealing, fiduciary duties, negligence, gross negligence), and a declaratory action. The appellate court affirmed the trial court's denial of the plea to the jurisdiction for contractual claims, citing a waiver of immunity under Chapter 271 of the Texas Local Government Code, as supported by Ben Bolt-Palito Blanco. However, the court reversed the trial court's order regarding the tort claims, ruling that governmental immunity from suit had not been waived for these claims, thereby dismissing them for lack of jurisdiction. The court also held that governmental immunity exists between political subdivisions unless expressly waived.

Governmental ImmunitySovereign ImmunityPlea to JurisdictionContract ClaimsTort ClaimsInterlocal Cooperation ActLocal Government CodeWaiver of ImmunityPolitical SubdivisionsSchool District
References
12
Case No. MISSING
Regular Panel Decision

Ben Bolt-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund

This case addresses an insurance coverage dispute between Ben Bolt-Palito Blanco Consolidated Independent School District (Ben Bolt) and the Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund (the Fund). Ben Bolt sued the Fund after a claim for extensive water and mold damage was denied, leading the Fund to assert governmental immunity. The Supreme Court of Texas determined that the Fund is a distinct governmental unit, thereby entitled to governmental immunity. However, the Court concluded that Section 271.152 of the Local Government Code provides a clear and unambiguous statutory waiver of the Fund’s immunity from suit for breach of contract claims in this context. Consequently, the Supreme Court reversed the court of appeals' judgment and remanded the case to the trial court for further proceedings.

Governmental ImmunityInsurance CoverageSelf-Insurance FundPolitical SubdivisionsInterlocal Cooperation ActBreach of ContractStatutory WaiverTrial Court JurisdictionDe Novo ReviewTexas Law
References
15
Case No. MISSING
Regular Panel Decision
Dec 04, 2003

Satterfield & Pontikes Construction, Inc. v. Irving Independent School District

This dissenting opinion argues that the Legislature's inclusion of 'sue and be sued' language in a statute outlining the powers and duties of an independent school district constitutes a waiver of the school district's governmental immunity to a suit for breach of contract. Justice Lang disagrees with the majority's affirmation of the trial court's ruling, which found the Irving Independent School District immune from suit. The opinion extensively reviews Texas Supreme Court decisions, particularly Missouri Pacific Railroad Co. v. Brownsville Navigation District, asserting its continued applicability as controlling authority for 'sue and be sued' language as a clear and unambiguous waiver of immunity from suit. It further distinguishes tort from contract immunity and references a Fifth Circuit Court of Appeals decision and recent Texas legislative action (Senate Bill 1017) to support the interpretation that 'sue and be sued' is a statutory waiver of immunity rather than merely a statement of an entity's capacity to sue.

Governmental ImmunitySovereign ImmunityBreach of ContractSue and Be Sued LanguageStatutory InterpretationLegislative IntentJudicial PrecedentWaiver of ImmunityIndependent School DistrictConstruction Contract
References
30
Case No. 15-25-00134-CV
Regular Panel Decision
Jul 30, 2025

Texas Association of School Boards Risk Management Fund // Southwest Texas Junior College v. Southwest Texas Junior College // Cross-Appellee, Texas Association of School Boards Risk Management Fund

This case involves an intergovernmental contract dispute between the Texas Association of School Boards Risk Management Fund (Appellant) and Southwest Texas Junior College (Appellee). The College is seeking replacement cost value benefits under a self-insurance contract for property damage allegedly sustained during an April 2021 hailstorm. The College claims a waiver of the Fund’s governmental immunity under TEX. LOC. GOV’T CODE § 271.152, asserting equitable theories of waiver and unconscionability, and intentional torts of fraud and bad faith to expand coverage beyond the express terms of the agreement. The Fund argued that its governmental immunity had not been waived for these claims and damages, emphasizing that statutory waivers are to be narrowly construed. The trial court partially granted the Fund's jurisdictional plea, dismissing claims for exemplary, consequential, or treble damages, but denied the plea regarding the College's equitable and intentional tort theories, viewing them as defensive in nature. The Fund appeals this partial denial, arguing that the Act's narrow immunity waiver does not extend to these theories which attempt to create coverage where none explicitly exists in the written contract.

Governmental ImmunityContract DisputeSelf-Insurance PoolRisk ManagementEquitable DoctrinesIntentional TortsWaiverUnconscionabilityTexas LawAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

City of Dallas v. Jill Herz, P.C.

The City of Dallas appealed a trial court's denial of its plea to the jurisdiction against Jill Herz, P.C.'s claim for attorney's fees under the Texas Labor Code. Herz represented Clifford Beamon, a firefighter who received worker's compensation benefits from the City and later secured a third-party settlement. Herz sought attorney's fees from the City's reimbursement amount, but the City asserted governmental immunity. The appellate court reviewed the plea de novo and concluded that the Texas Labor Code, specifically section 417.003, does not contain a clear and unambiguous waiver of sovereign immunity for such claims against municipalities acting as self-insurers. Consequently, the appellate court reversed the trial court's order, granted the City's plea to the jurisdiction, and remanded the cause.

Governmental ImmunitySovereign ImmunityAttorney's FeesWorker's CompensationTexas Labor CodePlea to the JurisdictionInterlocutory AppealReimbursementSelf-Insured MunicipalityStatutory Interpretation
References
16
Case No. 01-15-00004-CV
Regular Panel Decision

Nikki Sides Individually and on Behalf of the Estate of Thomas Middleton v. Texas Department of Criminal Justice

The trial court did not err in granting defendant’s plea to the jurisdiction. To maintain her suit against TDCJ, Plaintiff must plead a waiver of sovereign immunity under the Texas Tort Claims Act, CIV. PRAC. & REM. CODE §101.002 et seq (“TTCA”). Plaintiff’s allegations here are insufficient to establish a waiver as a matter of law. This case is the result of inmate Middleton choosing to hang himself in the prison day room. There are no allegations that any employee of TDCJ was present or using property when the incident occurred. Further, the property utilized by Middleton, the handrail, privacy wall and hoodie, were not inherently dangerous, nor lacking a safety component. To state a claim for a negligent condition of property, or implicate a waiver. As a result, Plaintiff has not sufficiently pled a condition of property to implicate a waiver. When a plaintiff’s petition, on its face, does not implicate a waiver, a trial court need not allow the plaintiff to amend his petition, nor hold an evidentiary hearing to clarify the pleadings. Finally, the Texas Constitution does not waive sovereign immunity for tort claims.

Sovereign ImmunityTexas Tort Claims ActGovernmental ImmunitySuicide in CustodyUse of PropertyCondition of PropertyPleading SufficiencyJurisdictional FactsOpen Courts DoctrineInmate Death
References
42
Case No. MISSING
Regular Panel Decision

Welch v. State Department of Highways & Public Transportation

The plaintiff, a marine technician, brought a Jones Act suit in admiralty against the State of Texas and its Department of Highways and Public Transportation (DHPT) for injuries sustained during employment. The defendants moved to dismiss, asserting Eleventh Amendment immunity. The Court examined whether the state implicitly waived immunity by operating a ferry service in a federally regulated maritime sphere, finding no such waiver due to a lack of explicit Congressional intent to abrogate state immunity under the Jones Act. Additionally, the Court determined that Texas's waiver of immunity through the Torts Claims Act was limited when worker's compensation coverage is provided, which the DHPT carried. Therefore, the exclusive remedy provision of the worker's compensation statute precluded the Jones Act suit, leading the Court to grant the defendants' motion to dismiss with prejudice.

Eleventh Amendment ImmunitySovereign ImmunityGovernmental ImmunityJones Act ClaimsMotion to DismissFederal JurisdictionAdmiralty LawState LiabilityWaiver of ImmunityTexas Torts Claims Act
References
24
Case No. No. 08-19-00272-CV
Regular Panel Decision
Nov 10, 2021

Max Grossman/City of El Paso v. City of El Paso/Max Grossman

This case involves an appeal from the 384th District Court of El Paso County, Texas, regarding a dispute over the City of El Paso's plan to build a multipurpose arena. Appellant Max Grossman challenged the project, particularly the demolition of buildings in the Duranguito neighborhood for the arena's footprint, citing violations of the Texas Antiquities Code. The litigation's progression included multiple lawsuits concerning bond validity, sovereign immunity of the City, and the legality of permits issued by the Texas Historical Commission (THC). The primary legal issues revolve around the waiver of governmental immunity for the City under the Antiquities Code and whether the trial court abused its discretion in denying a temporary injunction against the project. Grossman contended the City's archeological survey design was inadequate to protect potential Mescalero Apache "Peace Camp" artifacts. The dissent argues against the majority's implicit finding of immunity waiver and supports the trial court's denial of the temporary injunction, emphasizing that the Antiquities Code does not unambiguously waive governmental immunity and and that the THC has broad discretion in approving archeological survey plans.

Governmental ImmunitySovereign ImmunityTexas Antiquities CodeArcheological SurveyTemporary InjunctionUltra Vires ClaimBond ReferendumEl Paso Arena ProjectHistorical PreservationJudicial Discretion
References
49
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