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San Jacinto River Authority v. Simmons6/30/2005
San Jacinto River Authority ("SJRA") prosecutes this interlocutory appeal from the trial court's denial of its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2005). Appellee, Jerry Simmons, filed suit for personal injuries after he slipped and fell at SJRA's sewage treatment facility. The fall occurred during the normal course of his employment as a driver for American Water Services Residuals Management, Inc. SJRA raised governmental immunity before the trial court contending it was immune from Simmons' suit under certain provisions of the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. §§ 101.001 - 101.109 (Vernon 1997 & Supp. 2005). It is undisputed that SJRA is a governmental unit as defined by the Texas Tort Claims Act.
The record indicates SJRA filed its plea to the jurisdiction on January 10, 2005. On February 1, 2005, Simmons filed both a first amended original petition and a response to the plea to the jurisdiction. In his amended petition, Simmons alleged his fall at the SJRA facility was due to the "negligent use and/or misuse" of a belt press and roll-off container by unnamed SJRA employees.
Absent express consent of the state, sovereign immunity from suit defeats a trial court's subject matter jurisdiction. See Texas Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999). Governmental immunity operates like sovereign immunity to afford similar protection to subdivisions of the State, including counties, cities, drainage districts, and river authorities. See Tex. Civ. Prac. & Rem. Code Ann. § 101.001(3)(B) (Vernon Supp. 2005); Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 694 n.3 (Tex. 2003) (recognizing that sovereign immunity and governmental immunity are distinct concepts although courts and litigants often use the terms interchangeably). The Texas Tort Claims Act provides a limited waiver of governmental immunity if certain conditions are met. See Tex. Civ. Prac. & Rem. Code Ann. §§ 101.021, 101.025 (Vernon 1997).
A plea to the jurisdiction is a dilatory plea that seeks dismissal of a case for lack of subject matter jurisdiction. See Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Governmental immunity from suit is properly raised by such a plea. See Texas Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 225-26 (Tex. 2004); Jones, 8 S.W.3d at 639. Whether a court has subject matter jurisdiction is a question of law. See State ex rel. State Dep't of Highways & Pub. Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002); Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998). If a trial court denies the governmental unit's claim of no jurisdiction, whether it has been asserted by a plea to the jurisdiction, a motion for summary judgment, or otherwise, the Legislature has provided that an interlocutory appeal may be brought. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2005); San Antonio State Hosp. v. Cowan, 128 S.W.3d 244, 245 n.3 (Tex. 2004).
"In a suit against a governmental unit, the plaintiff must affirmatively demonstrate the court's jurisdiction by alleging a valid waiver of immunity." Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003); see also Texas Dep't of Criminal Justice v. Miller, 51 S.W.3d 583, 587 (Tex. 2001); Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). To determine if the plaintiff has met that burden, "we consider the facts alleged by the plaintiff and, to the extent it is relevant to the jurisdictional issue, the evidence submitted by the parties." Texas Natural Resource Conservation Comm'n v. White, 46 S.W.3d 864, 868 (Tex. 2001). "
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