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.
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