§ 110.008.Sovereign Immunity Waived

The immunity waiver, and its two subsections point in opposite directions.

Subject to the notice provision, sovereign immunity to suit and from liability is waived and abolished to the extent of liability created by the remedies section, and a claimant may sue a government agency for damages allowed by that section.

Both immunities are named, as a clear waiver requires. Immunity from liability is a defence; immunity to suit is jurisdictional, and waiving one without the other would leave the right unenforceable.

"Subject to Section 110.006" makes the notice requirement part of the waiver. That is unusually strong drafting — the 60-day notice is not merely a precondition to the action but a condition of the consent to be sued at all.

The practical consequence is that a failure to give notice may be jurisdictional rather than a curable defect, which is a serious matter for a claimant.

The waiver extends "to the extent of liability created by Section 110.005", so it reaches the declaratory and injunctive relief, the capped damages and the fees — and nothing beyond them.

Subsection (b) withholds what the state cannot give away lightly: the chapter does not waive or abolish sovereign immunity to suit and from liability under the Eleventh Amendment.

That preserves Texas’s immunity in federal court. A claim under this chapter belongs in a Texas district court, as the remedies section requires.

The same reservation appears in the permission to sue chapter, which likewise declines to consent to federal court — a consistent state position rather than a provision peculiar to this chapter.