This question has been addressed in 1 Texas court opinion:
COA14 — February 3, 2026
In Shelton v. Flores, a government employee (Shelton) attempted to dismiss claims against himself by filing a Rule 91a motion under the Texas Tort Claims Act's (TTCA) election-of-remedies provision after both he and his employer, the City of Houston, were sued. The Fourteenth Court of Appeals analyzed Texas Civil Practice and Remedies Code § 101.106(e), which states that an employee shall be dismissed 'on the motion of the governmental unit.' The court held that because the City did not join or file the motion to dismiss Shelton, the statutory condition precedent was not met. The court concluded that individual employees lack standing to 'self-dismiss' under this provision without the employer’s active participation.
Litigation Takeaway
“Government employees, such as CPS caseworkers or law enforcement officers, cannot unilaterally exit a lawsuit under the TTCA election-of-remedies provision unless the government agency they work for formally moves for their dismissal. This provides family law litigants with strategic leverage to keep individual defendants in a case for discovery purposes, especially when an agency is reluctant to admit the employee was acting within the scope of their employment.”