Texas a & M University at Corpus Christi v. Hamann

3 S.W.3d 215, 15 I.E.R. Cas. (BNA) 1038, 1999 Tex. App. LEXIS 7279, 1999 WL 781811
CourtCourt of Appeals of Texas
DecidedSeptember 30, 1999
Docket13-99-151-CV
StatusPublished
Cited by7 cases

This text of 3 S.W.3d 215 (Texas a & M University at Corpus Christi v. Hamann) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas a & M University at Corpus Christi v. Hamann, 3 S.W.3d 215, 15 I.E.R. Cas. (BNA) 1038, 1999 Tex. App. LEXIS 7279, 1999 WL 781811 (Tex. Ct. App. 1999).

Opinion

OPINION

SEERDEN, Chief Justice.

This is an accelerated appeal from the trial court’s denial of appellant’s motion to dismiss for lack of jurisdiction. 1 By two issues, appellant, Texas A & M University at Corpus Christi (“A & M”), alleges the trial court erred by denying the motion because appellee’s claim was not brought within the statutory time period. We affirm.

Appellee, Dotti Hamann, alleges that she was employed by A & M as a Budget Monitor-Faculty Secretary between February and August 1994. In this position, Hamann was at least partially responsible for budgetary oversight within A & M’s Nursing Division. During her tenure in this position, Hamann alleges that she became aware of inappropriate or unsubstantiated expenditures within the division. Her petition states that after confirming these allegedly unauthorized purchases, she reported the expenditures to appropriate authorities.

It is undisputed that sometime in July of 1994, Hamann was notified that she would be terminated. Her last day of employment was August 3, 1994. On or about August 12, 1994, Hamann claims she received a letter from A <& M confirming her termination. According to her petition, subsequent to receiving this letter, Ham-ann discovered that she was terminated for reporting the unauthorized expenditures. Pursuant to the Texas Whistle-blower Act, 2 she filed this suit on November 8,1994.

The dismissal of a case for lack of jurisdiction must be based solely on the pleadings. See Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440 (Tex.1993); Caspary v. Corpus Christi *217 Downtown Management Dist., 942 S.W.2d 223, 225 (Tex.App.—Corpus Christi 1997, writ denied) (emphasis supplied). We accept all allegations in the plaintiffs petition as true. Id. The court’s dismissal signifies that the allegations in the petition do not constitute a cause of action, and therefore, the court has no jurisdiction. American Pawn & Jewelry, Inc. v. Kayal, 923 S.W.2d 670, 672 (Tex.App.—Corpus Christi 1996, writ denied).

A & M asserted in its motion to dismiss for lack of jurisdiction that Hamann’s claim was not filed within the statutorily-prescribed time limitation. The relevant statute provides:

Except as provided by Section 554.006, a public employee who seeks relief under this chapter must sue not later than the 90th day after the date on which the alleged violation of this chapter:
(1) occurred; or
(2) was discovered by the employee through reasonable diligence.

Tex. Gov’t Code Ann. § 554.005 (Vernon 1994). According to A & M, Hamann was required to file her suit within ninety days of the date of her termination. Because Hamann’s termination date was August 3, 1994, A & M asserts that, to be timely, her suit should have been filed no later than November 1, 1994. A & M relies on numerous cases which stand for the general proposition that, in employment discrimination cases, a plaintiffs cause of action accrues when she is given unequivocal notice of her termination or when a reasonable person would know of such termination. See generally Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980); Specialty Retailers, Inc. v. DeMoranville, 933 S.W.2d 490, 492-93 (Tex.1996); Johnson & Johnson Medical, Inc. v. Sanchez, 924 S.W.2d 925, 929 (Tex.1996); Davila v. Lockwood, 933 S.W.2d 628, 629 (Tex.App.—Corpus Christi 1996, no pet. h.). None of these cases involve the Texas Whistleblower Act, which has its own limitations period.

When faced with questions of statutory construction, courts must attempt to ascertain the legislature’s intent and interpret the statute in a manner that effectuates that intent. Knight v. Int’l Harvester Credit Corp., 627 S.W.2d 382, 384 (Tex.1982). When a statute is clear and unambiguous, the court should determine legislative intent from the plain and common meaning of the words used in the statute. St. Luke’s Hosp. v. Agbor, 952 S.W.2d 503, 505 (Tex.1997). Here, the crucial word in the statute is “or.” We understand “or” to designate the legislature’s intent to provide two or more alternatives. By choosing to state the limitations in section 554.005 in the disjunctive, the clear intent of the legislature was to provide alternative methods for determining the limits on bringing a whistleblower action. In short, the legislature has provided claimants under the Whistleblower Act with a discovery rule which serves to toll limitations in certain circumstances. To sustain A & M’s issues, we would have to ignore the clear and unambiguous language of the statute and intent of the legislature.

In a recent case, the San Antonio Court of Appeals agreed with this conclusion. Villarreal v. Williams, 971 S.W.2d 622, 626 (Tex.App.—San Antonio 1998, no pet. hist.). In Villarreal, the appellants were employed as police officers by the City of' Falfurrias. Id. at 623. The City decided to terminate several police officers, ostensibly to offset budgetary shortfalls. Id. The appellants were selected for termination. Id. Each appellant was present at a July 11, 1995, City Council meeting, at which time the Council approved the discharge. Id. However, according to their deposition testimony, each believed they had been retaliated against for recent whistleblowing activities. Id. at 626. All were terminated on July 17, 1995. Id. at 623. On October 30, 1995, in light of the City’s decision to purchase new police vehicles with the budgetary surplus created by the terminations, appellants filed suit *218 against the City. Id. The San Antonio court affirmed the trial court’s grant of summary judgment. Id. at 626. The court held:

appellants’ causes of action for retaliatory discharge accrued on July 17, 1995 when appellants received unequivocal written notification of termination.

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3 S.W.3d 215, 15 I.E.R. Cas. (BNA) 1038, 1999 Tex. App. LEXIS 7279, 1999 WL 781811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-a-m-university-at-corpus-christi-v-hamann-texapp-1999.