Sec. 311.034. WAIVER OF SOVEREIGN IMMUNITY. In order to preserve the legislature's interest in managing state fiscal matters through the appropriations process, a statute shall not be construed as a waiver of sovereign immunity unless the waiver is effected by clear and unambiguous language. In a statute, the use of "person," as defined by Section 311.005 to include governmental entities, does not indicate legislative intent to waive sovereign immunity unless the context of the statute indicates no other reasonable construction. Statutory prerequisites to a suit, including the provision of notice, are jurisdictional requirements in all suits against a governmental entity.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 8, eff. June 15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1150 (H.B. 2988), Sec. 1, eff. September 1, 2005.
Section: Previous 311.015 311.016 311.021 311.022 311.023 311.024 311.025 311.026 311.027 311.028 311.029 311.030 311.031 311.032 311.034Last modified: September 28, 2016