law-sovereign-vs-governmental-immunity
GOVERNMENTAL VS SOVEREIGN IMMUNITY: WHAT'S THE DIFFERENCE,
IF ANY?
"'Courts often use the terms sovereign immunity and governmental immunity interchangeably.
However, they involve two distinct concepts. Sovereign immunity refers to the State's immunity from
suit and liability. In addition to protecting the State from liability, it also protects the various divisions of
state government, including agencies, boards, hospitals, and universities. Governmental immunity, on
the other hand, protects political subdivisions of the State, including counties, cities, and school
districts.'" Tooke v. City of Mexia, 197 S.W.3d 325, 369 n.11 (Tex. 2006) (quoting Wichita Falls State
Hosp. v. Taylor, 106 S.W.3d 692, 694 n.3 (Tex. 2003) (citations omitted)); see also Ben Bolt-Palito
Blanco Consol. Indep. Sch. Dist. v. Political Subdivisions Prop./Casualty Joint Self-Insurance Fund,
212 S.W.3d 320, 323-24 (Tex. 2006).
Courts occasionally use the terms “sovereign immunity" and “governmental immunity"
interchangeably, although they are two distinct concepts. Wichita Falls State Hosp. v. Taylor, 106 S.
W.3d 692, 694 n.3 (Tex. 2003). “Sovereign immunity" refers to the State's immunity from suit and
liability, and its protection extends to the State and its various divisions of state government. Id.
“Governmental immunity," by contrast, protects political subdivisions of the State, including counties,
cities, and school districts. Id. The Port is a navigation district and a political subdivision of the State.
Guillory v. Port of Houston Auth., 845 S.W.2d 812, 812-13 (Tex. 1993); City of Seabrook v. Port of
Houston Auth., 199 S.W.3d 403, 404 (Tex. App.- Houston [1st Dist.] 2006, pet. dism'd). Therefore, we
will use the term “governmental immunity" in this opinion.
HOUSTON CASE LAW
Seureau v. Exxon Mobil Corp (Tex.App.- Houston [14th Dist.] Oct. 16, 2008)(Brown)
(governmental immunity, sovereign immunity, summary judgment based on limitations,
no waiver of immunity by conduct or by sue and be sued language under Tooke v. City of Mexia)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Brown and Boyce
14-07-00176-CV Glenn Emile Seureau and Glenn Edouard Seureau v. Exxon Mobil Corporation and
Port of Houston Authority--Appeal from 190th District Court of Harris County
Trial Court Judge: Jennifer Elrod Walker
Tara Partners, Ltd. v. City of South Houston (Tex.App.- Houston [14th Dist.] Jan. 13, 2009)(Seymore)
(city governmental immunity)
Often, courts use the terms “sovereign immunity" and “governmental immunity" interchangeably.
Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 694 n.3 (Tex. 2003). They are, however, two
distinct concepts. Id. “Sovereign immunity" refers to a State's immunity from suit and liability. Id. Its
protection extends not only to the State, but also to the varying divisions of state government,
including agencies, boards, hospitals, and universities. Id. “Governmental immunity" protects political
subdivisions of the State, including counties, cities, and school districts. Id.
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-07-00330-CV Tara Partners, Ltd., Granada Terrace, Ltd., David R. Wise, 1606 Savannah LLC,
Windsor Gardens Ltd., and Freeport Villa Brazos Apartments, Ltd. v. City of South Houston
Appeal from 157th District Court of Harris County
Trial Court Judge: Randy Wilson
Concurring Opinion by Justice Frost
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