University of Texas Medical Branch v. York

in which PHILLIPS, Chief Justice, and GONZALEZ, HIGHTOWER, HECHT and CORNYN, Justices, join.

In this case, we revisit the issue of whether the use, misuse, or nonuse of information which is recorded in a patient’s medical records is a use of tangible personal property under § 101.021 of the Texas Tort Claims Act (Act) and thus satisfies a condition for waiver of governmental immunity. Tex.Civ. *176PRAC. & Rem.Code Ann. § 101.021(2) (Vernon 1986). While paper itself can be touched, handled, and seen, medical information recorded on paper is not tangible personal property. The State has not waived…