Texas Supreme Court
Texas Department of Criminal Justice, Petitioner v. Brian Edward Simons, Respondent
July 9, 200447 Tex. Sup. Ct. J. 861
Summary
The Texas Supreme Court held that failure to give formal notice under §101.101 of the Texas Tort Claims Act does not deprive a trial court of subject‑matter jurisdiction, and therefore an interlocutory appeal based on a plea to the jurisdiction for lack of notice is not permissible. The Court also clarified that actual notice requires a governmental unit’s subjective awareness of its alleged fault, not merely knowledge of an injury or an investigation.