Rylander v. Caldwell

BEA ANN SMITH, Justice.

Appellee Marcie Caldwell sued the Comptroller seeking a declaration that section 51.702(b) of the Texas Government Code is unconstitutional. The Comptroller filed a plea to the jurisdiction, which the trial court denied. The Comptroller now appeals the trial court’s interlocutory order, 1 alleging that the court erred because appellee’s suit is barred by sovereign immunity or the trial court otherwise lacked subject matter jurisdiction. We will affirm the trial court’s order denying the plea to the jurisdiction.

BACKGROUND

Caldwell filed a class action lawsuit challenging…