In Hand v. Dean Witter Reynolds Inc., 889 S.W.2d 483, 491 (Tex. App.--Houston 14th Dist. 1994, writ denied), the plaintiff alleged that her stock broker's failure to purchase certain commodity option contracts after she requested that he do so constituted breach of a duty such that the broker's action constituted negligence. Hand, 889 S.W.2d at 490-91.
The question before the court was whether the broker had a "duty to purchase the options or take necessary steps to purchase the options," because that was the only act of negligence alleged by the appellant. Id. at 490.
The court concluded that no such duty existed. Id. at 495.