Eddie Don Johnson v. Texas Department of Criminal Justice-Parole Division, 03-15-00343-CV

Plaintiff Eddie Don Johnson, proceeding pro se and in forma pauperis, sued the Texas Department of Criminal Justice (TDCJ) under the Administrative Procedure Act (APA) seeking a declaration that Special Condition X (SISP) applied to his parole was invalid.
Board of Pardons and Paroles imposed Special Condition X (SISP) on Johnson’s parole in December 2003; Johnson was released to mandatory supervision January 16, 2004, and later returned to custody after revocation in 2005.
Johnson’s petition relied on Tex. Gov’t Code § 2001.038 (APA declaratory-judgment waiver of sovereign immunity) to challenge the condition’s validity or application.
TDCJ filed an amended plea to the jurisdiction asserting sovereign immunity and statutory exemptions from the APA for TDCJ rules/procedures and parole hearings.
The trial court granted TDCJ’s plea to the jurisdiction and dismissed the case; TDCJ appeals asking the appellate court to affirm.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sovereign immunity bars Johnson’s APA claim under Tex. Gov’t Code § 2001.038	Johnson contends § 2001.038 waives immunity and permits a declaratory judgment challenging Special Condition X’s validity/applicability	TDCJ argues the APA and § 2001.038 do not apply to TDCJ rules or Board of Pardons and Paroles hearings (statutory exemptions), so sovereign immunity bars the suit	Court held Johnson’s pleadings show his claim falls within statutory exemptions; sovereign immunity bars relief and dismissal was proper

Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012) (standard: subject-matter jurisdiction reviewed de novo)
Texas Dep’t of Transp. v. Sefzik, 355 S.W.3d 618 (Tex. 2011) (sovereign immunity deprives courts of jurisdiction over suits against the State absent waiver)