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Civil Litigation Click here for the full text of this decision FACTS:Michael Quintanilla brought suit against his former employer, the Center for Health Care and Service, for violation of Tex. Health Safety Code �161.134 and the Texas Whistleblower Act. The center said they were immune from Quintanilla’s �161.134 claim, but the trial court disagreed. The 4th Court of Appeals held that the legislature waived sovereign immunity for violations of �161.134. HOLDINGReversed and dismissed for lack of jurisdiction. Wichita Falls State Hospital v. Taylor, 106 S.W.3d 692 (Tex. 2003), held that Tex. Health and Safety Code �321.003(a)-(d), the Patient’s Bill of Rights, did not waive the state’s sovereign immunity. The relevant statutory language of �321.003 at issue in Tayloris nearly identical to �161.134. Both allow suits against a “mental health facility,” but don’t define that term. Instead, they incorporate that term from Tex. Health and Safety Code �571.003(12), which includes public facilities. As in Taylor, however, the court rules that mere incorporation of the term does not by itself manifest a clear legislative intent to waive immunity. OPINION:Per curiam. Enoch, J., did not participate.

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