County of Bexar v. Garcia

Although I concur in the majority’s affir-mance of the trial court’s order, I disagree with the majority’s analysis and conclusion that presentment is a prerequisite to filing a claim under the Anti-Retaliation Law.

“The waiver of governmental immunity is a matter addressed to the Legislature.” City of LaPorte v. Barfield, 898 S.W.2d 288, 291 (Tex.1995). In order for the Legislature to waive immunity, it must do so by clear and unambiguous language. Id. By enacting section 504.002 of the Texas Labor Code, the Legislature waived immunity from liability for claims under the Anti-Retaliation Law.…