Hey, crap happens. Look at the bright side - he will now sue Texas, get a big bundle of money and be very happy.....ho-hum.
I know you probably hate Texas, but they are not at fault here. If he gets a ton of money out of this, it will be from the Feds.
I have nothing against Texas - but - we have 'ambulance chasers ' as lawyers who get hold of these type of goof-ups and run with it. It matters not where the money comes from as long as it comes their way......