Law:Title 5. Governmental Liability from Chapter 107. Permission To Sue The State (Texas)

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Contents

Chapter 107. Permission To Sue The State

Section 107.001.  Grants Of Permission Covered.

This chapter applies to resolutions granting permission to sue the state or any of the agencies of government that collectively constitute the government of this state, including agencies, departments, bureaus, boards, commissions, offices, councils, courts, and institutions of higher education as defined by Section 61.003, Education Code.

Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 3.001, eff. September 1, 2005.



Section  107.002.  Effect Of Grant Of Permission.

(a) A resolution that grants a person permission to sue the state has the following effect and the permission is granted subject to the following conditions:

(1)  the claimant may sue for any relief to which the claimant is entitled as a result of the described claim;

(2)  the suit must be filed before the second anniversary of the effective date of the resolution;

(3)  service of citation and other required process must be made on the attorney general and on a person named in the resolution as a representative of the affected state agency;

(4)  the suit must be tried as other civil suits;

(5)  neither the state, nor any of its employees, agents, departments, agencies, or political subdivisions, admits to liability for, or to the truth of, any allegation asserted by the claimant;

(6)  the alleged cause of action must be proved under the law of this state as in other civil suits;

(7)  the state does not waive any defense, of law or fact, available to the state or to any of its employees or agents;

(8)  the state reserves every defense, except the defense of immunity from suit without legislative permission;

(9)  the state's ability to plead res judicata to any issue is not affected;

(10)  the state does not grant permission to recover exemplary or punitive damages;

(11)  the state's sovereign immunity under the Eleventh Amendment to the United States Constitution is not waived; and

(12)  the state does not grant permission to be sued in any federal court.

(b)  A resolution granting permission to sue does not waive to any extent immunity from liability.

Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.



Section  107.003.  Method Exclusive.

(a) A resolution may grant permission to sue the state only in accordance with this chapter.

(b)  A resolution may not alter the effect of the permission as described by Section 107.002, except that a resolution may further limit the relief to which the claimant may be entitled.

Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.



Section  107.004.  Additional Conditions.

A resolution may specifically provide additional conditions to which a grant of permission to sue is subject.

Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.



Section  107.005.  Effect On Other Laws.

This chapter does not affect a waiver of immunity from suit contained in other law.

Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.


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