Texas Department of Aging & Disability Services v. Beltran
350 S.W.3d 410
Tex. App.2011Background
- Beltran, a long-time employee of the Department, sustained job-related injuries and filed a workers' compensation claim.
- The Department terminated Beltran's employment on March 31, 2008.
- Beltran sued under the Anti-Retaliation Law, alleging retaliation for filing the workers' compensation claim.
- The Department filed a plea to the jurisdiction arguing sovereign immunity and lack of waiver under the State Applications Act.
- The trial court denied the plea to the jurisdiction without a hearing.
- The Texas Court of Appeals ultimately held that the Legislature clearly and unambiguously waived sovereign immunity for Anti-Retaliation Law claims against state agencies under the SAA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity is waived for Anti-Retaliation Law claims against state agencies | Beltran argues waiver via SAA provisions | Department contends no clear waiver after 311.034 | Waiver is clear and unambiguous; plea to jurisdiction improper. |
Key Cases Cited
- Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1 (Tex. 2000) (waiver of immunity for Anti-Retaliation Law under SAA analysis)
- Fernandez, 28 S.W.3d 1 (Tex. 2000) (establishes clear-and-unambiguous waiver under SAA for state agencies)
- Taylor v. Wichita Falls State Hosp., 106 S.W.3d 692 (Tex. 2003) (statutory waiver framework and treatment of sovereign immunity)
- Barfield v. City of City, 898 S.W.2d 288 (Tex.1995) (textual interpretation of waiver standards (citation context))
- Duhart v. State, 610 S.W.2d 740 (Tex.1980) (pre-311.034 approach to immunity waiver)
- Norman v. Travis Cent. Appraisal Dist., 342 S.W.3d 54 (Tex.2011) (addressed waiver under Political Subdivisions Law; distinguished from SAA analysis)