Texas Department of Transportation v. Aer-Aerotron, Inc.

Texas Supreme Court
Texas Department of Transportation v. Aer-Aerotron, Inc., 39 S.W.3d 220 (Tex. 2001)
2000 WL 33146432
Baker, Phillips, Hecht, Owen, Abbott, Hankinson, Enoch, O'Neill

Texas Department of Transportation v. Aer-Aerotron, Inc.

Opinion of the Court

Justice BAKER

delivered the opinion of the Court

in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice ABBOTT, and Justice HANKINSON joined.

The issue in this case involves whether the State may waive its immunity from suit by its conduct. The court of appeals held that by accepting benefits under a contract the State waives its immunity from suit. 997 S.W.2d 687, 692. We disagree. Today in General Services Commission v. Little-Tex Insulation Co., 39 *221S.W.3d 591 (Tex. 2001), we declined to adopt a waiver-by-conduct exception to sovereign immunity because the Legislature has established an administrative process for resolving certain breach-of-contract claims against the State. See Tex. Gov’t Code § 2260.001-.108. Accordingly, we hold that Aer-Aerotron may not pursue its claim against the State without first participating in Chapter 2260’s administrative process. See Little-Tex Insulation Co., 39 S.W.3d at 595. The trial court properly dismissed Aer-Aerotron’s suit. We therefore reverse the courts of appeals’ judgment and dismiss Aer-Aero-tron’s claim for want of jurisdiction.

Justice ENOCH filed a dissenting opinion. Justice O’NEILL did not participate in the decision.

Dissenting Opinion

Justice ENOCH,

dissenting.

For the reasons expressed in my dissent in General Services Commission v. Little-Tex Insulation Company,1 I respectfully dissent.

. 39 S.W.3d 591 (Tex. 2001).

Reference

Full Case Name
TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. AER-AEROTRON, INC., Respondent
Cited By
39 cases
Status
Published