Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 107.002. Effect of Grant of Permission - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-107-002/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)