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GONZALEZ v. TEXAS PARKS AND WILDLIFE DEPT.

No. 04-97-00423-CV.

87 S.W.3d 563 (1998)

Rogelio A. GONZALEZ, Appellant, v. TEXAS PARKS AND WILDLIFE DEPARTMENT, Appellee.

Court of Appeals of Texas, San Antonio.

December 30, 1998.

Attorney(s) appearing for the Case

Douglas M. Becker, Monte L. Swearengen, Gray & Becker, P.C., Austin, Frank R. Nye, Jr., Law Offices of Frank R. Nye, Jr., Rio Grande City, for appellant.

Sherman Wesley Newell, Timothy Cox Anderson, Asst. Atty. Gen., Austin, for appellee.

HARDBERGER, RICKHOFF, and DUNCAN, JJ.

SARAH B. DUNCAN, Justice.

Rogelio A. Gonzalez appeals the trial court's dismissal of his case for want of jurisdiction on the ground that state-agency immunity has been waived for purposes of anti-retaliation claims. We agree and therefore reverse the judgment and remand the case for proceedings on the merits.

Factual and Procedural Background

When dealing with a plea to the jurisdiction, "we take the factual allegations in the plaintiff's petition...

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