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Texas Government Code - GOV'T § 3002.106. Sovereign, Governmental, and Official Immunity

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Notwithstanding any other law except as provided by Subsection (b), this state has sovereign immunity, a political subdivision has governmental immunity, and an officer, employee, or agent of this state or a political subdivision has official immunity in an action, claim, counterclaim, or any type of legal or equitable action that:

(1) challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise;  or

(2) seeks to prevent or enjoin this state, a political subdivision, or an officer, employee, or agent of this state or a political subdivision from:

(A) enforcing any provision or application of this chapter;  or

(B) hearing, adjudicating, or docketing an action brought under Section 3002.104 or 3002.105 for a violation of this chapter.

(b) Subsection (a) does not apply if:

(1) immunity has been abrogated or preempted by federal law in a manner consistent with the United States Constitution;  or

(2) sovereign immunity of this state and governmental immunity of a political subdivision to suit and from liability have been waived in accordance with this chapter.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 3002.106. Sovereign, Governmental, and Official Immunity - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-3002-106/

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