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Spindletop MHMR v. Doe8/30/2001
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). " 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.
Governmental immunity from suit defeats a trial court's subject matter jurisdiction and thus is properly asserted in a plea to the jurisdiction. See Texas Dep't of Transp. v. Jones, 8 S.W.3d 636, 638-39 (Tex. 1999). Whether a trial court has subject matter jurisdiction is a question of law subject to de novo review. See Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998). When reviewing an interlocutory appeal of a trial court's denial of a motion to dismiss for lack of subject matter jurisdiction, appellate courts construe the pleadings in favor of the plaintiff and look to the pleader's intent. See Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). Thus, if the plaintiff alleges sufficient facts in its petition to establish a waiver of immunity, the reviewing court must affirm the trial court's order denying the plea to the jurisdiction. See Montgomery County v. Fuqua, 22 S.W.3d 662, 665 (Tex. App.--Beaumont 2000, pet. denied). Of course, the government may always reassert its immunity defense if and when discovery or other evidence later demonstrates that under the specific facts of the case, immunity has not been waived. Id.; see also Methodist Hosps. v. Texas Workers' Compensation Comm'n, 874 S.W.2d 144, 149 (Tex. App.--Austin 1994, no writ) (Lack of trial court jurisdiction may be raised at any time, even on appeal, by the parties or by the court itself.).
With regard to waiver of immunity under Chapter 321 of the Health and Safety Code, three of our sister courts have addressed the issue. In Texas Department of Mental Health and Mental Retardation v. Lee, 38 S.W.3d 862 (Tex. App.--Fort Worth 2001, pet. filed), the Fort Worth court found the provisions contained in Chapter 321 did not "clearly express an intent to waive immunity." Id. at 870-71 (emphasis in original). However, in Central Counties Center for Mental Health & Mental Retardation Services v. Rodriguez, 45 S.W.3d 707 (Tex. App.--Austin 2001, pet. filed), the Austin court construed the identical statutory provisions and held that "their plain and ordinary meaning" indicated that the legislature did consent in section 321.003(b) to suit against publicly-operated mental health facilities for alleged v
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