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Frasier v. Yanes12/16/1999
As amended February 11, 2000.
MARGO FRASIER, TRAVIS COUNTY SHERIFF, IN HER OFFICIAL CAPACITY; AND TRAVIS COUNTY, TEXAS, APPELLANTS
V.
ELVINA YANES, JANET CISNEROS, AND PATRICIA MITCHELL, APPELLEES
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT NO. 97-13704, HONORABLE JOHN DIETZ, JUDGE PRESIDING
Before Justices B. A. Smith, Yeakel and Patterson
Three detention officers in the Travis County Sheriff's office were injured while performing their official duties. They brought suit seeking a declaratory judgment that article III, section 52e of the state constitution entitled them, as law-enforcement officers, to receive their full salary during their period of recovery. Sheriff Margo Frasier in her official capacity and Travis County (collectively Frasier) raised a plea to the jurisdiction, claiming that the constitutional provision is not self-enacting and did not waive sovereign immunity, or alternatively that the officers did not exhaust their administrative remedies or properly present their claims. The trial court denied the plea to the jurisdiction. On appeal Frasier presents four issues that allegedly deprive the trial court of jurisdiction to grant declaratory relief. We will affirm.
BACKGROUND
Elvina Yanes, Janet Cisneros, and Patricia Mitchell worked for the Travis County Sheriff's Office as detention officers. After suffering on-the-job injuries, each filed for and received workers' compensation. They did not, however, receive their full salaries during their physical incapacitation, payment they claim they were entitled to under article III, section 52e of the Texas Constitution.
The sheriff's office required these officers to use accrued sick, vacation, and personal leave during their time off from work. Because of their physical inability to carry out the various tasks required of detention officers, the sheriff's office appointed the injured officers to the civilian position of security coordinator at a lesser salary.
All three officers filed suit in district court arguing that the county owed them their maximum salary for the time they spent as incapacitated law-enforcement officers. They specifically sought a declaration under the Uniform Declaratory Judgments Act that they are law-enforcement officers for purposes of section 52e. Frasier filed a plea to the jurisdiction, claiming that the constitutional provision does not specifically waive sovereign immunity and arguing that the plaintiffs failed to exhaust their administrative remedies or to make proper presentment. The district court denied the plea, and Frasier filed an expedited appeal to review this denial.
HISTORY OF ARTICLE III, SECTION 52e
Article III, section 52e of the Texas Constitution provides:
Each County in the State of Texas is hereby authorized to pay all medical expenses, all doctor bills, and all hospital bills for Sheriffs, Deputy Sheriffs, Constables, Deputy Constables and other county and precinct law enforcement officials who are injured in the course of their official duties; providing that while said Sheriff, Deputy Sheriff, Constable, Deputy Constable or other county or precinct law enforcement official is hospitalized or incapacitated that the county shall continue to pay his maximum salary; providing, however, that said payment of salary shall cease on the expiration of the term of office to which such official is elected or appointed. Tex. Const. art. III, ยง 52e.
At the time section 52e was adopted in 1967, county law-enforcement officers were not
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