Wheelabrator Air Pollution Control, Inc. v. City of San Antonio Acting Through the City Public Service Board of San Antonio, Texas

In Wasson Interests, Ltd. v. City of Jacksonville, we resolved the issue of whether the distinction between governmental and proprietary acts — sometimes referred to as the proprietary-govérnmen-tal dichotomy — applies to breach-of-contract claims against municipalities, and concluded that it does. 489 S.W.3d 427, 434, 2016 WL 1267697 (Tex.2016). We explained that, in both the contract-claims and tort-claims contexts, “acts performed as part of a city’s proprietary function do not implicate the state’s immunity for the simple reason that they are not performed under the authority, or for the…