More on governmental immunity from the Texas Supreme Court

Today, the Supreme Court of Texas issued its opinion in Chambers-Liberty Counties Navigation District v. State of Texas, reinforcing its opinion in City of Galveston v. State of Texas, 217 S.W.3d 466 (Tex. 2007) on governmental immunity from suits by the State of Texas against political subdivisions. The Court held that while the State could continue its ultra vires claim against the District, seeking prospective relief only, the State could not seek damages for past violations of the law. The Court held that the definition of the word "person" in the Government Code (to include political subdivisions) was not sufficient to overcome the provision that states that the use of the word "person" in another law does not indicate legislative intent to waive immunity.

The case can be found at http://www.txcourts.gov/media/1444056/170365.pdf .