Fernandez v. Kerrville State Hospital

OPINION

SARAH B. DUNCAN, Justice.

The issue presented is whether the Texas Legislature has waived immunity from suit under the Anti-Retaliation Law for the state agencies covered by chapter 501 of the Texas Labor Code. We hold immunity has been waived and therefore reverse the trial court’s judgment dismissing this suit for lack of jurisdiction and remand the case to that court for further proceedings.

Factual and Procedural Background

For purposes of a plea to the jurisdiction, we take the factual allegations in the plaintiffs petition as true. Brannon v. Pacific Employers Ins. Co., 148 Tex.…