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Civil Litigation No. 02-0243, 6/5/2003. Click here for the full text of this decision FACTS: Donald Kozlowski, as next friend of Byron Allen, sued Beaumont State Center, alleging that it negligently allowed another patient to injure Allen. The Center filed a plea to the jurisdiction asserting sovereign immunity. When Allen’s alleged injuries occurred, the Beaumont State Center was part of the Texas Department of Mental Health and Mental Retardation and is therefore entitled to assert sovereign immunity. Texas Health and Safety Code �532.001(b)(21). The district court denied the plea and the Center appealed. The court of appeals affirmed, holding that, �321.003 waives sovereign immunity in public and private mental health and mental retardation facilities. HOLDING: Dismissed for want of jurisdiction. The controlling issue in this case is whether �321.003 of the Texas Health and Safety Code evidences the Legislature’s intent to waive the State’s sovereign immunity clearly and unambiguously. The center petitioned for review, alleging conflicts jurisdiction under �22.225(c). The court of appeals had previously noted that its holding was in conflict with the holding in Texas Department of Mental Health & Mental Retardation v. Lee,38 S.W.3d 862 (Tex. App. – Fort Worth 2001, pet. denied). Spindletop MHMR v. Doe, 54 S.W.3d 893 (Tex. App. – Beaumont 2001, pet. denied). The court agrees because the court of appeals’ decision in this case would operate to overrule Lee had they issued from the same court. In Wichita Falls State Hospital v. Taylor, __S.W.3d__ (Tex. 2003), the court held that Texas Health and Safety Code �321.003 did not waive the state’s sovereign immunity. The court’s holding in Tayloris dispositive here. The court dismisses Kozlowski’s claims for want of jurisdiction. OPINION: Per curiam.

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