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Texas Dept. of Transportation v. City of Floresville Electric Power & Light System

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REVERSED AND DISMISSED FOR LACK OF JURISDICTION

The Texas Department of Transportation (“TxDOT”) appeals the trial court’s order denying its plea to the jurisdiction. TxDOT presents three issues in its brief, contending it is immune from the indemnity claim asserted by the City of Floresville Electric Light & Power System (“FELPS”) because: (1) chapter 752 of the Health and Safety Code does not waive immunity from suit; (2) FELPS’s claim is not permitted by the Texas Tort Claims Act; and (3) TxDOT is not liable under a theory of joint enterprise. We reverse the trial court’s order and dismiss the underlying cause for lack of jurisdiction.

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