§ 102A.004.Immunity Waiver

One sentence without which the chapter would do nothing.

Governmental immunity of a municipality or county to suit and from liability is waived to the extent of liability created by this chapter.

Both immunities are named, and the distinction matters. Immunity from liability is a defence to the claim; immunity to suit deprives a court of jurisdiction. A waiver of one without the other leaves a claimant with a right nobody can enforce.

Texas requires an immunity waiver to be clear and unambiguous, which is why the section says both in terms rather than leaving the point to inference from the cause of action.

Without the waiver the preceding sections would be unenforceable. A statute creating a right of action against a city, without more, is met by a plea to the jurisdiction.

"To the extent of liability created by this chapter" confines it precisely. Immunity is gone for the declaratory and injunctive relief and the fees this chapter provides, and for nothing else.

A claimant cannot add a damages claim to a suit under this chapter and rely on this waiver, since the chapter creates no liability for damages.

The narrow scope also explains why the remedies section omits damages. The two provisions are drafted together: the remedy is limited, and the waiver reaches exactly that limit.

A jurisdictional plea by a city remains available on everything else — including whether the ordinance falls within one of the listed preemption provisions at all.