CHAPTER 107. PERMISSION TO SUE THE STATE
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.