Texas Natural Resource & Conservation Commission v. White

OPINION

TERRIE LIVINGSTON, Justice.

INTRODUCTION

Appellant, Texas Natural Resource and Conservation Commission (TNRCC), a state agency, appeals the trial court’s denial of its motion to dismiss for want of jurisdiction based upon sovereign immunity. Because we find appellee has alleged sufficient facts in her original petition to raise the issue of waiver pursuant to Texas Tort Claims Act (TTCA) section 101.021(1)(A), we affirm the trial court’s denial of TNRCC’s motion.

STANDARD OF REVIEW

In its first issue, TNRCC argues that governmental immunity from suit — as opposed to immunity from liability…