Kerrville State Hospital v. Fernandez

Try as it might, the Court cannot distinguish our holding in Barfield that the Legislature did not waive sovereign immunity when it “adopted” the Anti-Retaliation Law in the Political Subdivisions Law and said that for purposes of the Anti-Retaliation Law, “employer” means “political subdivision.” City of LaPorte v. Barfield, 898 S.W.2d 288, 295 (Tex.1995). The dissent ably exposes the flaws in the Court’s reasoning today that the State did waive sovereign immunity when it similarly “adopted” the Anti-Retaliation Law in the State Applications Act and said that for purposes of the…