Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Beaumont State Center v. Kozlowski

Texas Health and Safety Code '321.003 is not limited in its application exclusively to private mental health and mental retardation facilities, or to facilities that do not provide services solely to the mentally retarded.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

This is an interlocutory appeal pursuant to Tex. Civ. Prac. & Rem. Code Ann. � 51.014(a)(8) (Vernon Supp. 2002). Beaumont State Center (appellant) contends the trial court erred in denying its Plea to the Jurisdiction and Motion to Dismiss. Appellee’s second amended original petition alleges that various negligent acts and omissions on appellant’s part were the proximate cause of his injuries and damages. Appellee’s cause of action is based upon alleged violations of 25 Tex. Admin. Code �� 404.154-404.155 (2001), and of Chapter 321 of the Texas Health and Safety Code, Tex. Health & Safety Code Ann. �� 321.001- 321.004 (Vernon 2001). *fn1 In a case essentially involving the identical issue, we affirmed the trial court’s denial of the governmental entity’s plea to the jurisdiction. See Spindletop MHMR v. Doe, 54 S.W.3d 893, 897 (Tex. App.–Beaumont 2001, pet. filed). We re- affirm our holdings in Spindletop and find them fully applicable to the issues raised in the instant case. We write further only to address two arguments not fully raised in Spindletop.

Contained in the excellent brief filed by appellant are two points not fully before us in Spindletop. The first, located within the first appellate issue, essentially contends that the legislative history of Chapter 321 indicates the statute was intended to be applicable to private mental health facilities only. Appellant’s brief contains a copy of the bill analysis of Senate Bill (S.B.) 205, the bill that included, inter alia, the provisions of Chapter 321. Under the descriptive heading “BACKGROUND,” the following paragraphs appear:

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

General Counsel Conference East 2023

October 03, 2023
Brooklyn, NY

General Counsel Conference addresses trends in regulatory, data protection, tech management, legal operations, and leadership.


Learn More

New York Legal Awards (NYLA) 2023

October 05, 2023
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

GlobeSt. NET LEASE Fall 2023

October 16, 2023 - October 17, 2023
Los Angeles, CA

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More
Go to Events Go to Webcasts

Finance/Corporate Trust Lawyer - CT or Remote


We are seeking a lawyer with a minimum of four years of experience in transactional work to join our well-established, nationally renowned C...


Apply Now ›

COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered


We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered


Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›
Go to Lawjobs

Chiesa Shahinian & Giantomasi

09/25/2023
New Jersey Law Journal

Prof


View Announcement ›

RIKER DANZIG SCHERER HYLAND & PERRETTI LLP

09/18/2023
New Jersey Law Journal

Riker Danzig deeply mourns the passing of our esteemed partner, dear friend and beloved colleague, Marc D'Angiolillo.


View Announcement ›

Eisenberg, Rothweiler, et.al

09/12/2023
TLI Web

Eisenberg Rothweiler


View Announcement ›
Go to Professional Announcements

Legal Newswire

Rethink Continuing Legal Education with Lawline’s AI-Powered ‘Learning Assistant...
Leading Law Firms Establish First-of-its-Kind Consortium to Train Law Firms on G...
Prominent Black Attorney, Zulu Ali, Wins Landmark Case in U.S. Federal Court of ...
The Katz Law Firm P.C. Launches in Illinois and Wisconsin
Submit a press release