What is the purpose of the Texas Tort Claims Act election of remedies provision?

Question

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Shelton v. Flores. 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.