Texas Supreme Court

Texas Highway Commission, Petitioners v. Texas Association of Steel Importers, Inc., Respondents

November 6, 1963372 S.W.2d 525

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' decision that the Texas Highway Commission's Minute Order No. 48,644, which required all construction materials to be manufactured in the United States, is void because it conflicts with Article 6674h's competitive bidding statute. The Court held that the order unlawfully restricts competition and provides no legitimate quality‑based justification. A dissent argued that the Commission had authority to issue the order and that the suit was effectively against the State, warranting dismissal.