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FERNANDEZ v. KERRVILLE STATE HOSP.

No. 04-97-00387-CV.

985 S.W.2d 121 (1998)

Rose M. FERNANDEZ, Appellant, v. KERRVILLE STATE HOSPITAL, Appellee.

Court of Appeals of Texas, San Antonio.

November 12, 1998.

Attorney(s) appearing for the Case

Kenneth W. Howell, John Gonzales & Associates, P.C., San Antonio, for Appellant.

David Grant Halpern, Asst. Atty. Gen., Tort Litigation Division, Austin, for Appellee.

Before PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice and KAREN ANGELINI, Justice.

OPINION

SARAH B. DUNCAN, Justice.

The issue presented is whether the Texas Legislature has waived immunity from suit under the Anti-Retaliation Law for the state agencies covered by chapter 501 of the Texas Labor Code. We hold immunity has been waived and therefore reverse the trial court's judgment dismissing this suit for lack of jurisdiction and remand the case to that court for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

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