Texas Southern University v. Araserve Campus Dining Services of Texas, Inc.

OPINION

MURRY B. COHEN, Justice.

This is an interlocutory appeal from an order denying appellant’s plea to the jurisdiction based on sovereign immunity. See Tex. Civ. PRAC. & Rem.Code Ann. § 51.014(a)(8) (Vernon Supp.1998). We modify the order to dismiss Araserve’s tort and constitutional claims, and we affirm the order, including that portion denying sovereign immunity on Araserve’s contract claims, as so modified.

I. Background

We construe Araserve’s pleadings in its favor and take those allegations as true. Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex.1993).

In 1981,…