Kerrville State Hospital v. Fernandez

Justice HECHT, joined by Justice BAKER,

dissenting.

Texas law is firmly settled that only the Legislature can waive governmental immunity,1 and when it does so, it must use *11clear and unambiguous language.2

The Anti-Retaliation Law does not waive governmental immunity. First enacted in 1971,3 it currently provides in part:

§ 451.001. Discrimination Against Employees Prohibited

A person may not discharge or in any other manner discriminate against an employee because the employee has:(1) filed a workers’ compensation claim in good faith;(2) hired a lawyer to represent the employee in a claim;(3)…