Bossley v. Dallas County Mental Health & Mental Retardation

OPINION

THOMAS, Chief Justice.

This appeal presents another opportunity for the courts to struggle with determining what constitutes a condition or use of tangible property as those terms are used in the Texas Tort Claims Act (the Act). See Tex. Cxv.PRAC. & Rem.Code Ann. § 101.021 (Vernon 1986). The case presents the same dilemma expressed nineteen years ago by Chief Justice Greenhill when he said, “Our problem is trying to determine what the Legislature meant.” Lowe v. Texas Tech Univ., 540 S.W.2d 297, 303 (Tex.1976) (Greenhill, C.J., concurring). Although the question of what constitutes the…