Lowe v. Texas Tech Univ

In Lowe v. Texas Tech Univ., 540 S.W.2d 297, 298 (Tex. 1976), Chief Justice Greenhill wrote a concurrence "encouraging the Legislature to take another look at the Tort Claims Act, and to express more clearly its intent as to when it directs that governmental immunity is waived." Lowe, 540 S.W.2d at 301 (Greenhill, C.J., concurring). In 1983, the court had occasion to remark that "seven years have passed since our opinion in Lowe, yet the legislature has not changed the troublesome waiver provision. Thus, the statute has remained susceptible to broad or narrow interpretations." Salcedo v. El Paso Hosp. Dist., 659 S.W.2d 30, 32 (Tex. 1983). Salcedo then followed Lowe, refusing to give the waiver provisions of the act a restrictive interpretation. Id.