State ex rel. Department of Criminal Justice v. Vitapro Foods, Inc.

in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice BAKER, Justice HANKINSON and Justice O’NEILL join.

This case concerns whether the Texas Department of Criminal Justice (“TDCJ”) had authority to enter into two contracts with YitaPro Foods, Inc., a private Canadian company that produces and markets a soy-based meat substitute under the trade name “VitaPro.” On cross-motions for summary judgment, the trial court held that: (1) the contracts were invalid; (2) other than an initial completed purchase order contract, TDCJ had no obligation to VitaPro Foods to take…