Abstract
The ancient doctrine of sovereign immunity is alive and well in Texas. Well-conceived arguments have been developed in a number of cases advancing the proposition that the doctrine should be abolished through the judicial process. Nonetheless, the Texas Supreme Court has continued to defer to the Legislature. This paper will examine the origins of the doctrine and its current application in Texas to contract cases.
Because of Little-Tex, the doctrine of sovereign immunity will probably be strictly applied to all cases which do not qualify for a statutory or judicial exception as described above. Sovereign immunity did not receive any attention during the last legislative session. Therefore, those parties having or contemplating contractual relationships with the State remain at great risk if claims develop.
Table of Contents
Acknowledgment
Introduction
English Origins
Adoption of the doctrine in the United States
Sovereign Immunity in Texas
- Judicial Exceptions
- Counterclaims
- Suits against state officials for unauthorized conduct or a declaration of rights
- Regulatory takings under Article I, § 17 of the Texas Constitution
- Claims against Counties
- Claims against cities for nuisances
- Statutory waivers
- Tort Claims Act
- Specific Statutory waivers
- Government Code, Chapter 2260
- The Important Case Law–Federal Signs and Little Tex
Conclusion
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