Texas Supreme Court

Texas Department of Insurance, Petitioner v. Reconveyance Services, Inc., Respondent

March 12, 2010306 S.W.3d 256

Summary

The Texas Supreme Court reversed the Court of Appeals and dismissed Reconveyance Services’ declaratory‑judgment action, holding that the Department of Insurance is immune from suit because Reconveyance sued the governmental unit rather than officials in their official capacities. The Court affirmed that the Department’s fee‑restriction is ultra vires but that the ultra vires exception does not overcome sovereign immunity.