Texas Highway Commission v. Texas Ass'n of Steel Importers, Inc.

I would hold the Highway Commission had the power and authority to pass Minute Order 48644, and that this is a suit against the state. I would, therefore, dismiss this cause.

The Legislature, in creating the Highway Commission, provided as follows:

Article 6663 : “The administrative control of the State Highway Department * ' * * shall be vested in the State Highway Commission * * *.” All references to statutes in this opinion are to Vernon’s Texas Civil Statutes, unless otherwise indicated.

Article 6665: “ * * * They [the Commission] shall formulate plans and policies for the location,…