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County of Hidalgo v. Capetillo8/23/2001
Hynes, 865 S.W.2d 943, 944 (Tex.1993). Maintenance activities undertaken by governmental units at the operational level, however, are not discretionary functions and are not immune from liability. City of Round Rock v. Smith, 687 S.W.2d 300, 303 (Tex. 1985); City of Fort Worth v. Gay, 977 S.W.2d 814, 817 (Tex. App.-Fort Worth 1998, no pet.). Here, there is no allegation that the negligent maintenance of the "signage" occurred at the policy-making level, rather than the operational level. Consequently, even assuming the County's argument that it cannot be held liable for discretionary acts extends to the allegation that it was negligent in maintaining the "signage," such argument fails.
We conclude the plaintiffs and intervenors properly pleaded a waiver of immunity under section 101.021(2) of the Act based on their allegation that the County negligently maintained the "signage" at the intersection. We do not reach the plaintiffs' and intervenors' other allegations of waiver of immunity. See Harris County Flood Control Dist., 35 S.W.3d at 773 (court should deny plea to jurisdiction when it has jurisdiction over any claim against governmental unit).
The trial court did not err in denying the County's plea to the jurisdiction. The County's sole issue is overruled.
The judgment of the trial court is AFFIRMED.
Do not publish. Tex. R. App. P. 47.3.
Opinion delivered and filed this 23rd day of August, 2001.
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