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      CONST 12 10     

  

§10.  Suits Against the State

Section 10.(A)  No Immunity in Contract and Tort.  Neither the state, a state agency, nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property.

(B)  Waiver in Other Suits.  The legislature may authorize other suits against the state, a state agency, or a political subdivision.  A measure authorizing suit shall waive immunity from suit and liability.

(C)  Limitations; Procedure; Judgments.  Notwithstanding Paragraph (A) or (B) or any other provision of this constitution, the legislature by law may limit or provide for the extent of liability of the state, a state agency, or a political subdivision in all cases, including the circumstances giving rise to liability and the kinds and amounts of recoverable damages.  It shall provide a procedure for suits against the state, a state agency, or a political subdivision and provide for the effect of a judgment, but no public property or public funds shall be subject to seizure.  The legislature may provide that such limitations, procedures, and effects of judgments shall be applicable  to existing as well as future claims.  No judgment against the state, a state agency, or a political subdivision shall be exigible, payable, or paid except from funds appropriated therefor by the legislature or by the political subdivision against which the judgment is rendered.

Amended by Acts 1995, No. 1328, §1, approved Oct. 21, 1995, eff. Nov. 23, 1995.



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