Texas Supreme Court

Stephen F. Austin State University, Petitioner v. Diane Flynn, Respondent

June 29, 200750 Tex. Sup. Ct. J. 943

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that the recreational use statute applies to Stephen F. Austin State University’s easement and bars Diane Flynn’s premises‑defect claim, and that the university’s irrigation decisions were operational rather than discretionary, so the discretionary‑function exception does not shield it. Justice Hecht filed a concurring opinion emphasizing the same result but offering additional commentary on the discretionary‑function analysis.