Texas Civil Practice and Remedies Code
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 states 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 states 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.
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Last accessed
Oct. 15, 2019