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Spindletop MHMR v. Doe

The Legislature consented in Texas Health and Safety Code '321.003(b) to suit against publicly operated mental health facilities for alleged violations of '321.003(a).

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OPINION

Appellant, Spindletop MHMR, filed an interlocutory appeal pursuant to Tex. Civ. Prac. & Rem. Code Ann. � 51.014(a)(8) (Vernon Supp. 2001), after the trial court issued an order denying appellant’s plea to the jurisdiction on the basis of sovereign immunity. Appellees instituted suit alleging violation of the Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code Ann. �� 101.001-101.109 (Vernon 1997 & Supp. 2001), and violation of Chapter 321 of the Texas Health and Safety Code, Tex. Health & Safety Code Ann. �� 321.001-321.004 (Vernon 2001). Appellant’s two issues before us inquire whether the trial court erred in finding that Chapter 321 of the Health and Safety Code clearly provides for waiver of sovereign immunity, and whether appellees’ pleading was sufficient to allege facts that triggered waiver of sovereign immunity under the Tort Claims Act.

In Texas, “a governmental unit is immune from tort liability unless the Legislature has waived immunity.” Dallas County Mental Health & Mental Retardation v. Bossley, 968 S.W.2d 339, 341 (Tex. 1998). “[W]hether a governmental unit is immune from liability for a particular claim depends entirely upon statute.” Id. Therefore, we will examine the provisions contained in the Health and Safety Code separately from those contained in the Tort Claims Act in order to determine if the Legislature has waived immunity from tort liability on behalf of appellant in its capacity as a mental health facility operated by the state.

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