Texas Court of Appeals, 3rd District (Austin) June 10, 2004, 03-04-00074-CV (Smith v. Lutz)

OPINION

BEA ANN SMITH, Justice.

Appellant, Dr. Joseph Smith, asks this Court to resurrect the “waiver by conduct” exception to sovereign immunity for contracts executed before August 80, 1999. Because waiver by conduct has been effectively rejected by the supreme court even in those circumstances, we affirm the trial court’s grant of the plea to the jurisdiction.