CHAPTER 107. PERMISSION TO SUE THE STATE - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 5. GOVERNMENTAL LIABILITY

CHAPTER 107. PERMISSION TO SUE THE STATE

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.