Opinion No.

Honorable Dan Morales Chairman Criminal Jurisprudence Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910

Re: Whether the state may restrict its waiver of immunity (RQ-1662)

Dear Representative Morales:

You ask the following questions about waiver of governmental immunity:(1) Does the state possess the legal authority to place any limitations or restrictions upon its waivers of immunity?(2) What is the appropriate legislative vehicle for the legislature to utilize when the state wishes to waive its immunity?

The following general discussion of governmental immunity…