In City of Austin v. Powell, the supreme court overhauls the general framework for resolution of a plea to the jurisdiction based on immunity, observing:
More than twenty years ago, we described the process for resolving a plea to the jurisdiction asserting immunity from suit as one that “generally mirrors that of a summary judgment.” Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 228 (Tex. 2004). We reaffirm this description but acknowledge that dispositive-pleading practice has evolved in the interim. The conceptual similarity largely reflects that the parties’ burdens will depend on the nature of the plaintiff’s claim and how the government poses its jurisdictional challenge. Just as the Texas rules now include not only traditional summary judgment but also no-evidence summary judgment and dismissal under Rule 91a, for example, pleas to the jurisdiction may involve competing evidence, the denial of any probative evidence, or the assertion that the law compels a result regardless of the evidence.
No. 22-0662 (Dec. 31, 2024). Powell does not materially revise the actual framework, but carefully reviews a number of common quotes about that framework to be sure they are consistent with modern-day procedure.
