Hardt v. Texas Department of Corrections

PHILLIPS, Chief Justice.

Appellant brought this suit in Travis County under the provisions of the Texas Tort Claims Act (Tex.Rev.Civ.Stat.Ann. art. 6252 — 19) for the death of her husband who was killed in a construction accident in Walker County while in the custody of the Texas Department of Corrections. No motion was made to transfer this case from Travis County to Walker County. The trial court sustained the State’s plea in abatement to the effect that suit must be brought in the county where the injury occurred, and dismissed the suit for want of jurisdiction. We affirm this judgment.

Secti…