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AUSTIN STATE HOSP. v. FISKE

No. 01-0395.

106 S.W.3d 703 (2003)

AUSTIN STATE HOSPITAL, Petitioner, v. Debbie FISKE, Individually and as next friend of Christopher Roy Rodriguez and Raymond Rodriguez, Respondent.

Supreme Court of Texas.

March 6, 2003.

Attorney(s) appearing for the Case

Lisa Royce Eskow, Office of the Attorney General, Austin, John Cornyn, United States Senate, Washington, DC, Jeffrey S. Boyd, Office of the Attorney General, Julie Caruthers Parsley, Office of the Solicitor General of Texas, Howard G. Baldwin, First Assistant Attorney General of Texas, Austin, for Petitioner.

Michael Francis O'Connor, O'Connor & Associates, Bryan, Jay Harvey, Winckler & Harvey, Austin, for Respondent.

Jay Harvey, Austin, for Raymond Rodriguez.

PER CURIAM.

The sole issue in this case is whether section 321.003 of the Texas Health and Safety Code evidences the Legislature's intent to clearly and unambiguously waive the State's sovereign immunity. The Austin State Hospital, as part of the Texas Department of Mental Health and Mental Retardation, is considered a state agency and therefore entitled to assert sovereign immunity. See Tex. Health & Safety Code § 532.001(b)(2). Debbie Fiske and Raymond...

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