Duhart v. State (1980)

In Duhart v. State, 610 S.W.2d 740, 742-43 (Tex. 1980), the Court construed a statute providing workers' compensation benefits to state highway employees that adopted an exemplary damages provision of the Workers' Compensation Law. The Court held that the incorporation of one provision into another law, without more, did not clearly and unambiguously waive the State's immunity from liability for exemplary damages. Duhart, 610 S.W.2d at 742-743. Although not necessary to our decision, the Court went on to speculate that the exemplary damages provision was incorporated in case a future Legislature waived the State's immunity. Duhart, 610 S.W.2d at 743.