Tammy Holt, of our Dallas office, argued at the Texas Supreme Court on November 29, 2023. At issue in this case is whether diligence in service of process is a “statutory prerequisite to suit” for claims brought under the Tort Claims Act.
Texas State University filed a plea to the jurisdiction, asserting that the court had no jurisdiction over the tort claims brought by plaintiff, Hannah Turner, because, although Tanner filed suit against TSU within the limitations period, she allegedly did not diligently serve citation. Interpreting Government Code 311.034’s statement that all “statutory prerequisites to suit” are jurisdictional, the Court of Appeals held that the general statute of limitations found in CPRC 61.003 is a jurisdictional statutory prerequisite, but that the “diligence” requirement was created by the courts rather than expressly stated in a state, and the diligence requirement is not, therefore, a statutory prerequisite to suit.
You can listen to Tammy’s argument in Tanner v. Tex. State Univ., 644 S.W.3d 747 (Tex. App.—Austin 2022, pet. granted) here.