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 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.Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.