Tex. Codes » Local Government Code · TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY · SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT · CHAPTER 271. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
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Tex. Loc. Gov't Code § 271.152 (2026)

Waiver Of Immunity To Suit For Certain Claims

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Sec. 271.152. WAIVER OF IMMUNITY TO SUIT FOR CERTAIN CLAIMS. A local governmental entity that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this subchapter waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of the contract, subject to the terms and conditions of this subchapter.

Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.

Notes of Decisions
Cited in 39 cases, 2006–2019 · leading case: Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Texas Political Subdivisions Prop./Cas. Jt. Self-Ins. Fund, 212 S.W.3d 320 (Tex. 2006).
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Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Texas Political Subdivisions Prop./Cas. Jt. Self-Ins. Fund, 212 S.W.3d 320 (Tex. 2006). · cites it 2× “152 of the Local Government Code is a clear expression of legislative intent to waive governmental immunity from suit on contract claims, TEX. LOC. GOV'T CODE § 271.152; second, the Act contains an implied waiver of immunity from suit for governmental units that contract under…”
City of New Braunfels v. Carowest Land, Ltd., 549 S.W.3d 163 (Tex. App.—Austin 2017). · cites it 2× “Tex. Loc. Gov't Code § 271.152. Section 271.”
City of Denton v. Brian Rushing, 570 S.W.3d 708 (Tex. 2019). · cites it 3× “" TEX. LOC. GOV'T CODE § 271.152. At issue here is whether a contract exists.”
dallas/fort Worth Int'l Airport Bd. v. Vizant Tech., LLC, 576 S.W.3d 362 (Tex. 2019). “TEX. LOC. GOV'T CODE § 271.152. A "contract subject to this subchapter" is "a written contract stating the essential terms of the agreement for providing goods or services to the local governmental entity that is properly executed on behalf of the local governmental entity.”
Zachry Constr. Corp. v. Port of Houston Auth. of Harris Cnty., 449 S.W.3d 98 (Tex. 2014). “Tex. Loc. Gov't Code § 271.152 (emphasis added).”
City of Corinth v. Nurock Dev., Inc., 293 S.W.3d 360 (Tex. App.—Fort Worth 2009). · cites it 2× “[1] The waiver of immunity for a claim under chapter 271 applies retroactively to contracts executed before the effective date of the statute, September 1, 2005, if sovereign immunity had not been waived with respect to the claim before that date.”
City of Carrollton v. Singer, 232 S.W.3d 790 (Tex. App.—Fort Worth 2007). “[4] See TEX. LOC. GOV'T CODE ANN. § 271.152 (waiving local governmental entity's sovereign immunity from suit for breach of "contract subject to this subchapter"), § 271.”
Clear Lake City Water Auth. v. Friendswood Dev. Co., 256 S.W.3d 735 (Tex. App.—Houston [14th Dist.] 2008). “” Tex. Loc. Gov't Code § 271.152. Under this statutory regime, once the prerequisites for waiver of immunity are shown to be satisfied, all claims for breach of the contract in question are subject to the Legislature’s waiver of immunity.”
Tara Partners, Ltd. v. City of South Houston, 282 S.W.3d 564 (Tex. App.—Houston [14th Dist.] 2009). “Tex. Loc. Gov't Code Ann. § 271.152 (Vernon 2005).”
Tex. Mun. League Intergovernmental Risk Pool v. City of Abilene, 551 S.W.3d 337 (Tex. App.—Eastland 2018). “See TEX. LOC. GOV'T CODE ANN. § 271.152 (West 2016).”
East Houston Est. Apts., L.L.C. v. City of Houston, 294 S.W.3d 723 (Tex. App.—Houston [1st Dist.] 2009). “See Tex Loc Gov't Code Ann. § 271.152. 6 . The statute does not define what constitutes a “service.”
Harris Cnty. Flood Control Dist. v. Great Am. Ins. Co., 359 S.W.3d 736 (Tex. App.—Houston [14th Dist.] 2011). · cites it 2× “[3] See Tex. Loc. Gov't Code Ann. § 271.152 (Vernon 2005).”
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