ultra-vires claim | exceeding authority | constitutional violations of constitutional rights | unconstitutional conduct of
governmental officials | official capacity defendants | government officials sued in their individual capacity | imposition of
personal liability | monetary relief in terms of damages award vs. equitable prospective injunctive relief |
sovereign & governmental immunity | official immunity defense | qualified immunity of government agencts, officials and
employees | governmental defendants | local governmental units | state agencies entities
TEXAS SUPREME COURT CASES INVOLVING ULTRA-VIRES ISSUE
Texas Parks & Wildlife Department v. The Sawyer Trust, No. 07-0945 (Tex. Aug. 26, 2011)
(Opinion by Justice Johnson)(sovereign immunity issue, takings claim, opportunity to replead and assert ultra
vires claim)
This appeal involves the issue of whether the trial court had jurisdiction over a claim against the Texas Parks
and Wildlife Department to determine whether the Salt Fork of the Red River is navigable. The Sawyer Trust
sued the Department for a declaratory judgment that the river is not navigable and that the Trust owns the
riverbed where it crosses the Trust's property in Donley County. The Department filed a plea to the
jurisdiction based on sovereign immunity. After the Department took the position that the river was
navigable—and the State therefore owned the riverbed—the Trust added a constitutional takings claim. The
trial court denied the Department's plea and the court of appeals affirmed.
We hold that the Trust's claims for a declaratory judgment are barred by sovereign immunity and the Trust
cannot assert a takings claim under these circumstances. We also hold, however, that the Trust is entitled to
replead and attempt to assert an ultra vires claim against state officials if it chooses to do so. We reverse the
court of appeals' judgment and remand the case to the trial court for further proceedings.
TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST; from Donley County; 7th district (07-
06-00487-CV, ___ SW3d ___, 08-22-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright,
Justice Medina, Justice Green, Justice Willett, Justice Guzman, and Justice Lehrmann joined. [pdf]
Chief Justice Jefferson delivered a concurring opinion, in which Justice Medina, Justice Willett, and Justice
Guzman joined. [pdf]
Justice Hecht delivered an opinion concurring in part and dissenting in part.
Link to e-briefs: TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST
GO SUE A GOVERNMENT OFFICIAL: AGENCY ITSELF IMMUNE TO ULTRA VIRES CLAIM
TxDoI v. Reconveyance Services, Inc., No. 07-0786 (Tex. Mar. 12, 2010)(per curiam)
(sovereign and governmental immunity, plaintiff should have brought ultra vires claim against agency official,
agency itself enjoys sovereign immunity, government entity entitled to grant of plea to the jurisdition)
TEXAS DEPARTMENT OF INSURANCE v. RECONVEYANCE SERVICES, INC.; from Travis County; 3rd
district (03-06-00313-CV, 240 SW3d 418, 08-31-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Per Curiam Opinion [pdf]
TxDoI v. Reconveyance Services, Inc., No. 07-0786 (Tex. Mar. 12, 2010)(per curiam)
(sovereign and governmental immunity, plaintiff should have brought ultra vires claim against agency official,
agency has sovereign immunity, government entity entitled to grant of plea to the jurisdiction)
TEXAS DEPARTMENT OF INSURANCE v. RECONVEYANCE SERVICES, INC.; from Travis County; 3rd
district (03-06-00313-CV, 240 SW3d 418, 08-31-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Per Curiam Opinion [pdf]
City of El Paso v. Heinrich, No. 06-0778 (Tex. May 1, 2009)(Jefferson)
(governmental immunity)(retrospective monetary relief barred; prospective relief against official capacity
defendant not barred by immunity, no individual-capacity claims, ergo official immunity inapplicable)
THE CITY OF EL PASO, ET AL. v. LILLI M. HEINRICH; from El Paso County; 8th district (08-05-00203-CV,
198 SW3d 400, 07-20-06)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Chief Justice Jefferson delivered the opinion of the Court.
Pruett v. Harris County Bail Bond Board, et al,
No. 05-0283, 249 S.W.3d 447 (Tex. Mar. 28, 2008) (Harriet O’Neill)
(local governmental entities, regulatory authority, ultra vires claim)
CARL R. PRUETT AND NATIONAL AMERICAN INSURANCE COMPANY v. HARRIS COUNTY BAIL BOND
BOARD, ET AL.; from Harris County; 1st district (01 02 01043 CV, 177 SW3d 260, 03-10-05)
The Court affirms in part and reverses in part the court of appeals' judgment.
Justice O'Neill delivered the opinion of the Court.
ULTRA VIRES: COURTS OF APPEALS CASES IN WHICH SUPREME COURT
DENIED REVIEW
07-0145
ALBERT HAWKINS, EXECUTIVE COMMISSIONER OF THE TEXAS HEALTH AND HUMAN SERVICES
COMMISSION, ET AL. v. EL PASO FIRST HEALTH PLANS, INC. AND COMMUNITY HEALTH CHOICE, INC.;
from Travis County; 3rd district (03-04-00663-CV, 214 SW3d 709, 01-11-07)(plea to the jurisdiction because
sovereign immunity , ultra vires claim)The trial court correctly denied the Commission's plea to the jurisdiction because
sovereign immunity does not protect a state agency from a suit brought by a party claiming that the state agency has acted
outside of its authority and seeking to determine the proper construction of the applicable statutes and to obtain a declaration
of the party's rights under the statutes. See IT-Davy, 74 S.W.3d at 855. On this basis, we overruled the Commission's second
issue.
The declarations issued by the trial court regarding the eligibility and retroactive disenrollment of SSI-eligible children from
Community Health Choice's STAR MCO, both within and outside of Harris County, and from El Paso First's CHIP MCO across
Texas were consistent with the applicable provisions in the state and federal statutes, administrative rules, and various
contracts governing these parties. On this basis, we overruled the Commission's first issue.
Having overruled both issues raised by the Commission on appeal, we affirm the trial court's judgment
.
Also see:
Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
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