Essenburg v. Dallas County

The issue in this case is whether section 81.041 of the Texas Local Government Code is jurisdictional or, alternatively, whether it is a notice requirement. If it is jurisdictional, a defendant can raise lack of compliance for the first time on appeal. See Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 445-56 (Tex.1993). If it is merely a notice requirement, lack of compliance cannot be raised for the first time on appeal. The court of appeals held that the provision is jurisdictional and dismissed this case for lack of subject matter jurisdiction. We reverse and remand to the…