Because it is a question of law, we review de novo a trial court's denial of a plea to the jurisdiction based upon sovereign immunity. Goodson v. City of Abilene, 295 S.W.3d 692, 694 (Tex.App.-Eastland 2009, no writ). A plaintiff bears the initial burden to plead facts that establish subject-matter jurisdiction. Miranda, 133 S.W.3d at 226.
See Rodriguez, 2009 WL 39091, at *3; Cranford v. City of Pasadena, 917 S.W.2d 484, 488 (Tex.App.-Houston [14th Dist.] 1996, no writ). We agree with other courts that in such cases, the actionable conduct occurs when the structure is built; the failure to provide additional safety features or devices after 1970 is not an act or omission within the meaning of the Tort Claims Act. See, e.g., Goodson v. City of Abilene, 295 S.W.3d 692, 695 (Tex.App.-Eastland 2009, no pet.); Maxwell, 880 S.W.2d at 466. Smith further asserts that the Tort Claims Act operates to waive immunity because the County "modified" the shower floor located in the jail's medical unit.
Moreover, even if the Fund were correct in its assertion, its argument would fail because CISD, as a school district, is a political subdivision of the State and therefore entitled to assert and rely on the same statutory protections and defenses afforded to other governmental entities. SeeCity of Houston v. Williams , 353 S.W.3d 128, 134 (Tex. 2011) ; Goodson v. City of Abilene , 295 S.W.3d 692, 694 (Tex. App.—Eastland 2009, no pet.).
The term "sovereign immunity" applies to the State and the divisions of state government. Goodson v. City of Abilene , 295 S.W.3d 692, 694 (Tex. App.—Eastland 2009, no pet.). Although the terms "sovereign immunity" and "governmental immunity" are often used interchangeably, "governmental immunity" is the proper term to use when referring to political subdivisions of the State, such as cities, counties, and school districts.
The term "sovereign immunity" applies to the State and the divisions of state government. Goodson v. City of Abilene, 295 S.W.3d 692, 694 (Tex. App.—Eastland 2009, no pet.). Although the terms "sovereign immunity" and "governmental immunity" are often used interchangeably, "governmental immunity" is the proper term to use when referring to political subdivisions of the State, such as cities, counties, and school districts.
The term "sovereign immunity" properly applies to the State and to divisions of state government, such as boards, hospitals, and universities. Goodson v. City of Abilene, 295 S.W.3d 692, 694 (Tex. App.—Eastland 2009, no pet.). Although the terms "sovereign immunity" and "governmental immunity" are often used interchangeably, "governmental immunity" is the proper term to use when referring to political subdivisions of the State, such as cities, counties, and school districts.
A party who sues a political subdivision of the state, such as a municipality, must establish that the legislature has consented to the suit. TEX. CIV. PRAC. & REM. CODE ANN. § 101.001(3)(B) (West Supp.2014), § 101.025 (West 2011); Tex. Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999) ; see alsoGoodson v. City of Abilene, 295 S.W.3d 692, 694 (Tex.App.–Eastland 2009, no pet.). Without this consent, immunity deprives the trial court of subject-matter jurisdiction.