The Resurgence of Sovereign Immunity and Its Assertion by Texas Cities and School Districts to Avoid Contractual Obligations

Date
2005
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Journal of Texas Administrative Law
Abstract

This article addresses the recent decision in Satterfield & Pontikes Construction, Inc. v. Irving School District, and the inconsistencies in the application of the law that it led to. It focuses on the assertions of sovereign immunity in contract disputes with cities and school districts. It begins by explaining the doctrine of sovereign immunity, and the differences in how that doctrine is applied to tort claims and contract claims. This article explains there is a conflict among the court of appeals regarding whether the use of phrases sue and be sued and plead and be impleaded in the enabling statutes of various governmental entities, such as a municipality or a school district, constitutes a waiver of the entity’s governmental immunity from suit. It suggests that contractors, vendors, and employees need to contemplate the large risks of entering into contracts with a Texas public entity. Lastly, this article addresses how Senate Bill 1017 resolves the sovereign immunity issues in county contracts, and how Missouri Pacific is ripe for affirmation.

Description
Keywords
Administrative law, Sovereign immunity, School districts, Education law, Municipalities, Satterfield & Pontikes Construction, Inc. v. Irving School District, Texas Tort Claims Act, Missouri Pacific Railroad Co. v. Brownsville Navigation District, Contracts, Surety
Citation
6 Tex. Tech J. Tex. Admin. L. 213