TEXAS DEPT. OF CRIMINAL JUSTICE v. SIMONS

No. 02-0479.

140 S.W.3d 338 (2004)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Petitioner, v. Brian Edward SIMONS, Respondent.

Supreme Court of Texas.

Decided July 9, 2004.


Attorney(s) appearing for the Case

J. Woodfin Jones, Alexander Dubose Jones & Townsend LLP, Austin, for Amicus Curiae Brian Edward Simons.

Greg Abbott, Atty. Gen. of Texas, Danica Lynn Milios, Howard G. Baldwin, First Asst. Attys. Gen., Philip A. Lionberger, Brown McCarroll, L.L.P., Michael T. McCaul, Executive Asst. Atty. Gen., Ryan D. Clinton, Julie Caruthers Parsley, Susan Mara Stith and Jay T. Kimbrough, Rafael Edward Cruz, Barry Ross McBee, Austin, for Texas Department of Criminal.

Greg White, McGregor and White, and Aubrey R. Williams, Montez Williams & Baird, P.C., Waco, for Brian Edward Simons.


Justice HECHT delivered the opinion of the Court.

In Cathey v. Booth, we construed section 101.101 of the Texas Tort Claims Act1 to provide that a governmental unit is entitled to receive formal, written notice of a claim against it within six months of the incident from which the claim arises unless it has actual notice of the claim, including knowledge of its "alleged fault producing...

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