Lone Star Coll. Sys. v. Immigration Reform Coal. of Texas, 14-12-00819-CV, 2013 WL 5655882 (Tex. App.—Houston [14th Dist.] Oct. 17, 2013, no. pet. h.)
IRCOT alleged in its pleadings that the UDJA waived LSCS’s immunity and that Carpenter was not immune because his actions were ultra vires, or outside his authority. Appellants asserted in their plea to the jurisdiction that LSCS’s immunity was not in fact waived and that IRCOT has not alleged any ultra vires conduct by Carpenter. The trial court found in favor of IRCOT on both propositions, specifically stating the UDJA waived immunity for LSCS and that IRCOT sufficiently pleaded ultra vires claims against Carpenter. We concur with both rulings. (at *3)
As discussed above, IRCOT alleges in its pleadings, among other things, that appellants have in the past and will continue in the future to provide grants using Texas state funds, accumulated from taxes paid by IRCOT members, to illegal aliens in violation of federal statutes. IRCOT further alleges that sections of the LSCS policy manual that implement the grant programs violate, and thus are preempted by, federal law and that illegal aliens attending state-supported universities in Harris County, which includes LSCS in part, receive grants under the listed programs in violation of federal law. Construing IRCOT’s pleadings liberally. . . the allegations contained therein are sufficient to demonstrate that an actual controversy exists, that harm (in the form of alleged illegal expenditures of IRCOT’s members’ tax dollars) has occurred, is occurring, or is imminent, and that IRCOT’s claims as pleaded are ripe for adjudication. Appellants point to no undisputed evidence in the record negating the existence of jurisdiction over these claims. Accordingly, we overrule appellant’s third issue.19 (at *9) [citations omitted]
This case has been rattling around in federal and now state court, and is still in the procedural stages, but last week, IRCOT won another round on sovereign immunity, ultra vires, and ripeness.