Sec. 311.034. WAIVER OF SOVEREIGN IMMUNITY. In order to preserve the legislature's interest in managing state fiscal matters through the appropriations process, a statute shall not be construed as a waiver of sovereign immunity unless the waiver is effected by clear and unambiguous language. In a statute, the use of "person," as defined by Section 311.005 to include governmental entities, does not indicate legislative intent to waive sovereign immunity unless the context of the statute indicates no other reasonable construction. Statutory prerequisites to a suit, including the provision of notice, are jurisdictional requirements in all suits against a governmental entity.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 8, eff. June 15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1150 (H.B. 2988), Sec. 1, eff. September 1, 2005.
Structure Texas Statutes
Chapter 311 - Code Construction Act
Subchapter C. Construction of Statutes
Section 311.021. Intention in Enactment of Statutes
Section 311.022. Prospective Operation of Statutes
Section 311.023. Statute Construction AIDS
Section 311.025. Irreconcilable Statutes and Amendments
Section 311.026. Special or Local Provision Prevails Over General
Section 311.027. Statutory References
Section 311.028. Uniform Construction of Uniform Acts
Section 311.029. Enrolled Bill Controls
Section 311.030. Repeal of Repealing Statute
Section 311.031. Saving Provisions
Section 311.032. Severability of Statutes
Section 311.034. Waiver of Sovereign Immunity
Section 311.035. Construction of Statute or Rule Involving Criminal Offense or Penalty