City of Dallas v. Reata Constr. Corp
In City of Dallas v. Reata Constr. Corp., 83 S.W.3d 392 (Tex .App.-Dallas 2002), the Court considered whether "plead and be impleaded" in section 51.075 of the Texas Local Government Code and "sue and be sued" and "to implead and be impleaded" in the city charter waived sovereign immunity.
The Court considered these statutory and charter provisions without applying standards or tests and decided these provisions did not expressly waive sovereign immunity. Reata Constr. Corp., 83 S.W.3d at 398.
Rather, the Court said the phrases "simply speak to the City's capacity to sue and its capacity to be sued when immunity has been waived. " Id.