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HARRIS COUNTY HOSP. DIST. v. TOMBALL

No. 05-0986.

283 S.W.3d 838 (2009)

HARRIS COUNTY HOSPITAL DISTRICT, Petitioner, v. TOMBALL REGIONAL HOSPITAL, Respondent.

Supreme Court of Texas.

Decided May 1, 2009.

Attorney(s) appearing for the Case

Sandra D. Hachem, Harris County Sr. Asst. Atty., Michael A. Stafford, Harris County Atty., and Glen Van Slyke, Asst. County Atty., for Petitioner.

Margaret A. Pollard and Randal L. Payne, Sullins Johnston Rohrbach & Magers, Houston, TX, for Respondent.

Justice JOHNSON delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, and Justice GREEN joined.

In this case we consider whether Harris County Hospital District is immune from suit by the Tomball Hospital Authority to recover medical expenses for hospital care the Hospital Authority rendered to indigent patients. We hold that the Legislature has not waived the district's immunity from suit either by specific statutory language or by implication from a constitutional and statutory framework.

I. Background

Tomball Hospital Authority (THA) was created...

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