Background

• Appellees (San Antonio Airport Police Officers Association and 32 officers) sued the City for back pay and monetary benefits for on-call hours during lunch/break times not paid as overtime, under Tex. Loc. Gov't Code § 142.0015(f), and sought quantum meruit and declaratory relief.
• City filed a plea to the jurisdiction arguing sovereign immunity barred the claims, arguing §180.006 only provides limited waiver for back pay claims expressly authorized by provisions of chapters 141, 142, or 143.
• Trial court granted the plea as to quantum meruit and declaratory judgment, but denied as to the back pay claim under §142.0015(f), thereby preserving jurisdiction over that claim.
• The issue on appeal concerns whether §180.006 waives immunity for the appellees’ back pay claim under §142.0015(f).
• The court addresses the statutory text, legislative history, and the standard of review for pleas to the jurisdiction in context of sovereign immunity.
• The appellate court ultimately holds that §180.006 waives immunity for monetary benefits authorized by provisions of chapters 141–143, including back pay under §142.0015(f), and affirms the trial court’s judgment.

Issues

Key Cases Cited

• Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex.2000) (plea to jurisdiction standards; liberally construed pleadings in favor of plaintiff)
• Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex.2004) (statutory-interpretation framework; burden on plaintiff to show jurisdiction)
• Tooke v. City of Mexia, 197 S.W.3d 325 (Tex.2006) (waiver of immunity requires clear and unambiguous language)
• City of Rockwall v. Hughes, 246 S.W.3d 621 (Tex.2008) (statutory construction; words must be given plain and common meaning)
• City of Boerne v. City of Boerne, 111 S.W.3d 22 (Tex.2003) (interpretation of statutory waivers and immunity considerations)