Gonzalez v. Texas Parks & Wildlife Department

SARAH B. DUNCAN, Justice.

Rogelio A. Gonzalez appeals the trial court’s dismissal of his case for want of jurisdiction on the ground that state-agency immunity has been waived for purposes of anti-retaliation claims. We agree and therefore reverse the judgment and remand the ease for proceedings on the merits.

Factual and Procedural Background

When dealing with a plea to the jurisdiction, “we take the factual allegations in the plaintiffs petition as true.” Fernandez v. Kerrville State Hospital, 985 S.W.2d 121 (Tex.App.—San Antonio, 1998, no pet. h.) (citing Brannon v. Pacific Employers Ins.…