Director of the Department of Agriculture and Environment, Petitioners v. Printing Industries Association Of…

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court's dismissal of a suit by commercial printers seeking to enjoin state agencies from printing, holding that Article XVI, § 21 of the Texas Constitution does not prohibit state agencies from performing their own printing and that such a suit is not maintainable without legislative consent. The majority based its decision on historical analysis and the purpose of the constitutional provision to promote competitive bidding and prevent patronage. Justice Pope dissented, arguing that the plain language of the provision bars state printing without contract, and Justice Garwood concurred, emphasizing that the 1978 amendment did not intend to prohibit the state's longstanding printing practices.