Texas
How Cohen v. City of New York applies in Texas: state-specific rules, key cases, and bar exam notes for Torts.
Texas law similarly recognizes the importance of governmental immunity with respect to state actors. However, the state also has well-defined exceptions to this immunity that may be invoked in tort claims against government entities, particularly in cases of negligence and proprietary functions.
In Texas, the doctrine of governmental immunity limits a municipality's liability for tort claims unless an exception applies, such as a claim involving a proprietary function or statutory waiver of immunity.
The Texas Supreme Court confirmed that governmental immunity does not apply when a municipality engages in a proprietary function, allowing negligence claims under specific circumstances.
The court held that injured parties could make claims against the municipality when there is a direct connection to the operations of a governmental department acting with negligence.
The court reinforced the idea that negligence claims against state actors are permissible if statutory exceptions are met, further delineating the boundaries of governmental immunity in Texas.
Texas's approach to governmental immunity diverges from the federal model by allowing specified exceptions for tort claims, giving it a more permissive stance when addressing negligence. While federal immunity does consider official duty protections under certain circumstances, Texas emphasizes proprietary functions of municipalities as a key area for liability.
Expect questions on governmental immunity and the exceptions to it in Texas tort law, especially involving municipal liability and negligence cases on the Texas bar exam.