Texas Military Department v. Juan Antonio Lopez and Mayra Lopez, Individually and as Next Friends of J.L., a Minor, Marco Antonio Lopez, and Angel Lopez

Summary

The Thirteenth Court of Appeals of Texas held that the Texas Tort Claims Act’s exception for claims arising from activities of the state military forces applied to a collision involving a Texas Military Department employee on active duty. The court concluded that the employee’s authorized stop for personal comfort while on patrol remained within the scope of activities covered by the exception. It reversed the trial court’s denial of the plea to the jurisdiction and rendered judgment dismissing the case for want of jurisdiction.

Holdings

1. The claim arose from activities of the state military forces because Arreola was on active duty under lawful orders of the adjutant general, was on shift in uniform and in a TMD vehicle, and was engaged in patrol-related activity when the alleged negligence occurred.
2. Stopping during a shift to use the restroom, obtain food, or otherwise attend to personal comforts did not take Arreola outside the scope of his activities as a state military forces member under section 101.054.
3. Because the TTCA's motor-vehicle waiver did not apply to the claim, the trial court lacked subject-matter jurisdiction and the case had to be dismissed.

Questions Presented

1. Whether the Texas Tort Claims Act's state-military-forces exception to the motor-vehicle waiver of sovereign immunity applies when an active-duty servicemember, while on shift and operating a state-issued vehicle, stops for personal comforts such as food or restroom use and is involved in a collision while resuming patrol.
2. Whether the servicemember's activity must have been specifically ordered by competent authority for section 101.054 of the Texas Civil Practice and Remedies Code to preserve sovereign immunity.

Disposition

reversed_and_remanded