Tex.
Civ. Practice & Remedies Code Section 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.
Source:
Section 107.002 — Effect of Grant of Permission, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.107.htm#107.002
(accessed Apr. 20, 2024).