context: Appellants contend that the statutes relative to a safe workplace, which they allege DISD violated, implicitly waive DISD's immunity from suit. A so-called "implicit waiver" of sovereign immunity arises when the statute at issue would be meaningless if immunity was not waived thereby.
citation_a.signal: see also
citation_a.identifier: 893 S.W.2d 432, 446
citation_a.parenthetical: Uniform Declaratory Judgments Act waives immunity from suit in actions brought to construe legislative pronouncements
citation_a.sentence: Lab.Code Ann. § 504.002 (Vernon Supp.2004)] which expressly incorporates anti-retaliation law); Alamo Community College Dist. v. Obayashi Corp., 980 S.W.2d 745, 747-48 (Tex.App.San Antonio 1998, pet. denied) (ch. 130 of Education Code); see also Tex. Educ. Agency v. Leeper, 893 S.W.2d 432, 446 (Tex.1994) (Uniform Declaratory Judgments Act waives immunity from suit in actions brought to construe legislative pronouncements); but see Tex. Nat. Resource Conservation Commn. v. IT-Davy, 74 S.W.3d 849, 855-56 (Tex.2002) (UDJA does not waive immunity from suit in actions “against state officials seeking to establish a contract’s validity, to enforce performance under a contract, or to impose contractual liabilities”).
citation_b.signal: but see
citation_b.identifier: 74 S.W.3d 849, 855-56
citation_b.parenthetical: UDJA does not waive immunity from suit in actions "against state officials seeking to establish a contract's validity, to enforce performance under a contract, or to impose contractual liabilities"
citation_b.sentence: Lab.Code Ann. § 504.002 (Vernon Supp.2004)] which expressly incorporates anti-retaliation law); Alamo Community College Dist. v. Obayashi Corp., 980 S.W.2d 745, 747-48 (Tex.App.San Antonio 1998, pet. denied) (ch. 130 of Education Code); see also Tex. Educ. Agency v. Leeper, 893 S.W.2d 432, 446 (Tex.1994) (Uniform Declaratory Judgments Act waives immunity from suit in actions brought to construe legislative pronouncements); but see Tex. Nat. Resource Conservation Commn. v. IT-Davy, 74 S.W.3d 849, 855-56 (Tex.2002) (UDJA does not waive immunity from suit in actions “against state officials seeking to establish a contract’s validity, to enforce performance under a contract, or to impose contractual liabilities”).