Texas Supreme Court

Travis County, Texas, Petitioner v. Pelzel & Associates, Inc., Respondent

June 27, 200277 S.W.3d 246

Summary

The Texas Supreme Court held that Texas Local Government Code § 89.004 does not waive sovereign immunity for counties and that Travis County’s conduct in withholding liquidated‑damages did not constitute a waiver, so the trial court lacked subject‑matter jurisdiction and the claim was dismissed. Justice ENOCH dissented, arguing the county waived immunity by contracting.