Texas Supreme Court
The State of Texas and the Texas Department of Transportation, Petitioners v. George Lueck, Respondent
June 26, 200952 Tex. Sup. Ct. J. 947
Summary
The Court held that Lueck’s pleadings affirmatively negated subject-matter jurisdiction because his email reported anticipated regulatory noncompliance rather than a violation of law and was sent to a supervisor who was not an appropriate law-enforcement authority. Because the Whistleblower Act’s immunity waiver extends only to claims alleging a violation of the Act, the State’s sovereign immunity was not waived. The Court reversed the court of appeals and dismissed the case for lack of subject-matter jurisdiction.