Trend Offset Printing Services, Inc. v. Collin County Community College District

Summary

The Supreme Court of Texas held that the community college district's statutory "sue and be sued" provision did not waive its governmental immunity from suit. Because legislation enacted during the appeal potentially waived immunity for certain local-government contract claims, the court remanded for the trial court to consider that issue, while holding that the venue transfer was not reviewable under the applicable statute.

Holdings

1. The 'sue and be sued' clause in section 11.151(a) of the Texas Education Code, as made applicable through sections 130.084(a) and 130.175, did not waive Collin County Community College District's immunity from suit.
2. Trend was entitled to an opportunity in the trial court to argue that sections 271.151 through 271.160 of the Texas Local Government Code waived the District's immunity from suit.
3. The venue transfer was statutorily beyond review because the District's motion sufficiently invoked the convenience-transfer provisions of Texas Civil Practice and Remedies Code section 15.002(b).

Questions Presented

1. Whether the District's statutory 'sue and be sued' clause waived its immunity from suit for Trend's contract claims.
2. Whether later-enacted sections 271.151 through 271.160 of the Texas Local Government Code potentially waived the District's immunity from suit and required remand for consideration of that issue.
3. Whether the trial court's transfer of venue under Texas Civil Practice and Remedies Code section 15.002(b) was reviewable.

Disposition

reversed_and_remanded