Full opinion text
Justice WILLETT, dissenting from the denial of the petition for review. For reasons explained in my concurrence today in Roccaforte v. Jefferson County, I respectfully dissent from the Court’s denial of Nueces County’s petition for review. My view in Roccaforte is that Jefferson County effectively waived Roccaforte’s noncompliance with the mandatory post-suit notice requirements of Local Government Code Section 89.0041 by failing to raise it “as soon as possible.” As we have stated, “The failure of a non-jurisdictional requirement mandated by statute may result in the loss of a claim, but that failure must be timely asserted and compliance can be waived.” In Roccaforte, Jefferson County litigated for two-plus years before asserting defective notice, raising it only after limitations had expired. In this case, however, Nueces County immediately objected to Balleste-ros’s noncompliance in both its plea to the jurisdiction and its motion to dismiss. Accordingly, I believe Nueces County was entitled to mandatory dismissal under Section 89.0041(c). . 341 S.W.3d 919, 927 (Tex.2011) (Willett, J., concurring in part). . Id. (citing Univ. of Tex. Sw. Med. Ctr. v. Loutzenhiser, 140 S.W.3d 351, 360 (Tex.2004) ("[I]f a governmental unit is to avoid litigation to which it should not be subjected because of lack of notice, it should raise the issue as soon as possible.”)). . Loutzenhiser, 140 S.W.3d at 359. . 286 S.W.3d 566, 568-69. . Unlike Roccaforte, Ballesteros does not assert in this Court that the no-exceptions dismissal mandate of Section 89.0041(c) is preempted by 42 U.S.C. § 1983.