State v. City of Galveston

OPINION

TIM TAFT, Justice.

Appellant, the State of Texas, appeals from a final order granting the plea to the jurisdiction of appellee, the City of Galveston (“the City”), and dismissing the cause. We decide whether a municipality enjoys governmental immunity from the State’s lawsuit for negligence and actual damages. Answering the question in the negative, we reverse the order and remand the cause.

Standard of Review

In deciding a plea to the jurisdiction, a trial court considers the plaintiffs pleadings and any evidence pertinent to the jurisdictional inquiry. See Bland Indep. Sch. Dist. v.…