Chapter 21-8 Sovereign Immunity

JurisdictionUnited States

21-8 Sovereign Immunity

In the past, the Texas Supreme Court has stated that Texas courts have no subject matter jurisdiction over claims against a sovereign unless the sovereign has consented to the lawsuit, such as by means of the Texas Tort Claims Act.60 The Tort Claims Act waives sovereignty in only three areas: (1) use of publicly owned automobiles; (2) premises defects: and (3) injuries arising out of conditions or use of property.61

The Texas Supreme Court has subsequently clarified this previous statement:

"It is true we have stated that sovereign immunity is a jurisdictional bar. For example, we stated in...

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