Brazos River Authority v. Brazos Electric Power Cooperative, Inc
In Brazos River Authority v. Brazos Electric Power Cooperative, Inc., No. 10-09-00403-CV (Tex. App.--Waco June 23, 2010, no pet. h.) (mem. op.), the Court held that a claim for breach of a Facilities Use Agreement did not fall within section 271.152's waiver of immunity:
"Brazos Electric pleads that because, under the FUA, it will operate, maintain, and repair the Facility and supply the Facility with electricity, the FUA provides the essential terms of an agreement for providing goods or services to the Authority. The FUA is in essence a lease of the Facility -- the FUA describes the Facility as the "Leased Facility." Brazos Electric's lease of the Facility is not the provision of goods or services to the Authority, and Brazos Electric does not attempt to argue otherwise in this appeal."