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:

 
Reprints & Licensing
Mentioned in a Law.com story?

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

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

Florida Legal Awards 2022

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Florida Legal Awards 2022 (FLLA)

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

WIPL.UK 2022

May 18, 2022 - May 19, 2022
London

The original national forum facilitating women-to-women exchange on leadership and current legal issues in the UK.


Learn More

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

Medical Malpractice In-House Counsel


An innovative surgery center headquartered in the Tampa Bay area is seeking a Counsel to handle Medical Malpractice as well as general corpo...


Apply Now ›

Tax and T&E Attorney


The Tampa office of a highly-regarded regional law firm is seeking to add depth to their strong transactional team by adding experienced tax...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

05/11/2022
TLI Web

VAN DER VEEN HARTSHORN & LEVIN Congratulates the Attorney of the Year Finalists named by The Legal Intelligencer


View Announcement ›