ARTICLE · 06 APRIL 2022

Governmental Immunity Under Texas Law

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Although often used interchangeably, the terms sovereign immunity and governmental immunity involve two distinct concepts. Sovereign immunity protects the State and divisions of state government ...

United StatesGovernment, Public Sector

GOVERNMENTAL IMMUNITY

Although often used interchangeably, the terms sovereign immunity and governmental immunity involve two distinct concepts. Sovereign immunity protects the State and divisions of state government (including agencies, boards, hospitals, and universities) from lawsuits for damages. Sovereign immunity embraces two distinct principles: immunity from suit and immunity from liability.

Governmental immunity, on the other hand, protects political subdivisions of the State, including counties, cities, and school districts. Like sovereign immunity, it also encompasses immunity from suit and from liability. Governmental immunity is an extension or application of the State's sovereign immunity, the age-old, common-law doctrine that shields the State, its agencies, and generally its officials from suit. Although Texas case law recognizes a distinction between sovereign immunity and governmental immunity, the two concepts function identically.

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