law-TTCA | Houston TTCA cases | Texas TTCA cases and caselaw | plea to the jurisdiction |
governmental entities | governmental and sovereign immunity | official immunity defense of government
employees officers
TEXAS TORT CLAIMS ACT (CPRC § 101.021) & OFFICIAL IMMUNITY DEFENSE
A political subdivision of the state is not liable for acts or conduct of its
officers or employees unless the entity’s common law immunity is waived by
the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. § 101.021
(Vernon 2005); Chambers, 883 S.W.2d at 658. Under this statue, a
governmental entity’s sovereign immunity is not waived when its employee
is entitled to official immunity. See City of Houston v. Kilburn, 849 S.W.2d 810,
812 (Tex. 1993). Because Garcia is protected from personal liability based on
official immunity, Harris County, likewise, is protected under the Texas Tort
Claims Act. See Ochoa, 881 S.W.2d at 890. Accordingly, Harris County is not
liable under the Texas Tort Claims Act, and therefore, summary judgment in
favor of Harris County was proper. See id. We overrule the Royals’ second
issue.
Royal v. Harris County Constable (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Frost)
(official immunity defense asserted in high-speed chase collision PI suit, TTCA no waiver of governmental
unit's immunity to suit when officer establishes official immunity defense)
AFFIRMED: Opinion by Justice Frost
Before Justices Hudson, Frost and Brown
14-08-00551-CV Mary Royal and Ira Royal, Jr., Individually and As Next Friends of Ira Royal, III v. Harris
County; Harris County Constable
Appeal from 190th District Court of Harris County
Trial Court Judge: Patricia J Kerrigan
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