Texas Parks & Wildlife Department v. Garland

OPINION

BRIAN HOYLE, Justice.

The Texas Parks and Wildlife Department (TPWD) appeals the denial of its plea to the jurisdiction in a lawsuit brought against it by Kenneth W. Garland. In one issue, TPWD asserts that the trial court should have granted the plea because Garland’s lawsuit was barred by sovereign immunity. We reverse and dismiss.

Background

On June 30, 2003, Garland was performing court ordered community service at Tyler State Park, a TPWD-operated park, and was assigned to trash collection. A TPWD employee drove Garland around in a pickup truck so that he could empty trash barrels…