Don Jackson Construction, Inc. v. Rockport-Fulton Independent School District

Summary

The Texas Thirteenth Court of Appeals affirmed summary judgment for Rockport-Fulton Independent School District in a dispute over payment for Hurricane Harvey repair work. The court held that governmental immunity was not waived under Texas Local Government Code Chapter 271 because the record lacked evidence that the school district’s board or superintendent authorized the Regional Pool Alliance to contract on its behalf. The court also declined to defer to the arbitration panel’s determination regarding immunity.

Holdings

1. No. Arbitrators cannot confer subject-matter jurisdiction on a trial court and therefore cannot determine whether governmental immunity has been waived; the court independently decided the immunity issue.
2. No. Chapter 271 did not waive the school district's governmental immunity because the record contained no evidence that the school district's board or superintendent properly executed or authorized a contract appointing the Regional Pool Alliance to act on the district's behalf.
3. No. Neither party established a genuine issue of material fact favoring Don Jackson, and the record supported judgment for the school district because no evidence showed proper execution of an authorizing contract.

Questions Presented

1. Whether the appellate court was required to defer to the arbitration panel's determination concerning governmental immunity.
2. Whether the school district's governmental immunity from Don Jackson's contract-related claims was waived under Texas Local Government Code Chapter 271 because the Regional Pool Alliance allegedly acted as the school district's agent.
3. Whether the summary-judgment record contained evidence that the school district properly executed or authorized a contract through the Regional Pool Alliance.

Disposition

affirmed