{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-107.002","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 107.002","heading":"EFFECT OF GRANT OF PERMISSION.","body":"(a) A resolution that grants a person permission to sue the state has the following effect and the permission is granted subject to the following conditions:\n(1) the claimant may sue for any relief to which the claimant is entitled as a result of the described claim;\n(2) the suit must be filed before the second anniversary of the effective date of the resolution;\n(3) service of citation and other required process must be made on the attorney general and on a person named in the resolution as a representative of the affected state agency;\n(4) the suit must be tried as other civil suits;\n(5) neither the state, nor any of its employees, agents, departments, agencies, or political subdivisions, admits to liability for, or to the truth of, any allegation asserted by the claimant;\n(6) the alleged cause of action must be proved under the law of this state as in other civil suits;\n(7) the state does not waive any defense, of law or fact, available to the state or to any of its employees or agents;\n(8) the state reserves every defense, except the defense of immunity from suit without legislative permission;\n(9) the state's ability to plead res judicata to any issue is not affected;\n(10) the state does not grant permission to recover exemplary or punitive damages;\n(11) the state's sovereign immunity under the Eleventh Amendment to the United States Constitution is not waived; and\n(12) the state does not grant permission to be sued in any federal court.\n(b) A resolution granting permission to sue does not waive to any extent immunity from liability.\nAdded by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 5. GOVERNMENTAL LIABILITY","CHAPTER 107. PERMISSION TO SUE THE STATE"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.107.htm#107.002","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"023f6314d3d41cbc903f4f288cc680cc0a448d5fdbaae4ccc6685cc446e7e68d","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-107.001","next":"us-tx/tex.-civil-practice-and-remedies-code-107.003"},"notice":"GroundRules: Original legal text. Not legal advice."}