General Services Commission v. Little-Tex Insulation Co.

in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice HANKINSON, and Justice O’NEILL joined, and in which Justice ABBOTT joined except as to Part 111(B).

We recently held that the State does not waive its immunity from suit for breach of contract simply by entering into a contract for goods and services. Federal Sign v. Texas So. Univ., 951 S.W.2d 401, 408 (Tex.1997). We specifically reserved judgment on whether other circumstances may exist in which “the State may waive its immunity by conduct other than simply executing a contract.” Federal Sign, 951 S.W.2d at 408 n. 1. The…