All incidents (accidents, injuries, property damage, thefts, violence, etc.) that occur on University property must be reported to an immediate supervisor and/or the University Police at 936.294.1000; immediately or as soon as it is safe to do so. University Police will generate a police report and forward the information to Risk Management for review.
- First report the incident to University Police and ensure you have a police report on file.
- Contact Risk Management at 936.294.2332 or firstname.lastname@example.org and provide the University Police Report number.
Sam Houston State University, as a State of Texas entity, is immune from liability and from suit with respect to most causes of action against it under the doctrine of sovereign immunity. This means that the State of Texas cannot be sued in its own courts without its legislature's consent. Wichita Falls State Hospital v. Taylor, 106 S.W. 3d 692 (Tex. 2003) . The Texas Constitution provides that the State cannot give, lend or pledge the credit of the State to any person, association or corporation, or make any grant of public monies to any person, association or corporation without express authority. Article 3, Sections 50-52, Texas Constitution. Unless the Texas Legislature by resolution permits a suit against the State, the State is not authorized to pay claimants and likewise is unable to indemnify a third party for the expenses associated with defending against such a claimant since such an indemnity would be an unauthorized grant of public monies to the putative indemnitee.
In certain limited circumstances, the Texas Tort Claims Act (Chapter 101, Texas Civil Practice & Remedies Code) provides a waiver of the State of Texas' sovereign immunity with respect to liability and suits against governmental units like Sam Houston State University and its individual institutions for property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within the scope of his or her employment. The property damage, injury, or death must have arisen from the operation or use of a motor-driven vehicle or motor-driven equipment or caused by a condition or use of tangible personal or real property. Section 101.021. In cases meeting all of the requirements of the Texas Tort Claims Act, the University may possibly be found liable for damages proximately caused by such negligence. The limits of this liability are: (i) $250,000 per person for personal injury or death, up to $500,000 per occurrence, and (ii) $100,000 per occurrence for injury to or destruction of property