Opinion by Justice EVANS.
In this accelerated interlocutory appeal, Dallas County Hospital District d/b/a Parkland Health and Hospital System challenges the trial court's denial of its plea to the jurisdiction seeking dismissal of Hospira Worldwide Inc.'s action against it. The District contends Hospira's suit is barred by sovereign immunity. We must decide whether the legislature intended to waive the District's immunity from suit from Hospira's claims by enacting sections 271.151.160 of the local government code, which waives immunity from suit for contract claims against most local governmental entities in certain circumstances. Because the language defining a local governmental entity in section 271.151 clearly and unambiguously encompasses county hospital districts, we conclude the District's immunity from suit for Hospira's breach of contract claim has been waived by section 271.152. We further conclude, however, that the waiver of immunity afforded under section 271.151 does not extend to Hospira's alternative claim for quantum meruit. Accordingly, we reverse the trial court's order denying the District's plea to the jurisdiction with respect to Hospira's quantum meruit claim and render judgment dismissing that claim with prejudice. We affirm the trial court's order in all other respects and remand the cause to the trial court for further proceedings.
In 2005, the District entered into a written lease and purchase contract with Hospira for certain medical equipment and supplies. During the term of the lease, Hospira did not invoice the District for the full amount of the monthly lease. Several months after the end of the lease term, Hospira invoiced the District for the remaining amounts due under the lease. After Hospira's attempts to recover the shortfall from the District were unsuccessful, Hospira sued the District asserting the District's immunity from suit had been waived by section 271.152 of the local government code. The District filed a plea to the jurisdiction contending Hospira's suit was barred by sovereign immunity. Among other things, the District argued that its immunity from suit had not been waived under section 271.152 because it was not a local government entity as defined in section 271.151. The trial court denied the District's plea to the jurisdiction. This interlocutory appeal followed.
A plea to the jurisdiction asserting governmental immunity and requiring the review of certain statutory provisions involves questions of law that we review de novo. See Harris County Hosp. Dist. v. Tomball Reg'l Hosp., 283 S.W.3d 838, 842 (Tex.2009). Where, as here, there was no evidence presented to the trial court on the immunity issue, we look solely to the pleadings to determine whether the trial court's jurisdiction was properly invoked. See Tex. Dep't of Parks Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex.2004). Generally, absent an express legislative waiver, county hospital districts are governmental
In its pleadings, Hospira asserted section 271.152 of the local government code waived the District's immunity to Hospira's suit. As a preliminary matter, we address the District's complaint that Hospira failed to adequately plead an affirmative waiver of immunity. The District argues that although section 271.152 is specifically referenced in Hospira's petition, Hospira failed to set forth the analysis demonstrating the District is a "local governmental entity" under the statute. Hospira's pleadings alleged the District was authorized to contract with Hospira, that the parties entered into a contract, and that the District failed to pay the amounts due under the contract. Hospira then cited section 271.152 as the statutory waiver of immunity from suit upon which it relied. It was not necessary for Hospira to plead its arguments that the District was a local governmental entity. We conclude Hospira sufficiently pleaded that Hospira intended to rely on section 271.152's waiver provision for the claims it asserted against the District. See City of Houston v. Swinerton Builders, Inc., 233 S.W.3d 4, 11 (Tex.App.-Houston [1st Dist.] 2007, no pet.).
Section 271.152 waives governmental immunity from suit for breach of contract claims against local governmental entities authorized by statute or constitution to enter into a contract. TEX. LOC. GOV'T CODE ANN. § 271.152 (West 2005). Section 271.152 was enacted by the legislature "to loosen the immunity bar so `that all local governmental entities that have been given or are given the statutory authority to enter contracts shall not be immune from suits arising from those contracts.'" Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Tex. Political Subdivisions Prop./Cas. Joint Self-Ins. Fund, 212 S.W.3d 320, 327 (Tex.2006) (quoting HOUSE COMM. ON CIVIL PRACTICES, BILL ANALYSIS TEX. H.B. 2039, 79th Leg., R.S.2005) (emphasis in opinion)). A "local governmental entity" is defined in the statute as:
TEX. LOC. GOV'T CODE ANN. § 271.151(3)(C) (West 2005).
The Dallas County Hospital District is a political subdivision of the State of Texas. See TEX. CONST. art IX, §§ 4-11 (providing for the creation of hospital districts); see also Harris County Hosp. Dist., 283 S.W.3d at 842; Salcedo v. El Paso Hosp. Dist., 659 S.W.2d 30, 31 (Tex. 1983). The District admits its status as a political subdivision of the State and does not contest its status as a special purpose district.
In reaching this conclusion, we necessarily reject the District's argument that only those special purpose districts specifically enumerated in section 271.151(3)(C) are local governmental entities for which immunity is waived in section 271.152. The statutory definition of "local governmental entity" is not limited to those special purpose districts listed, but plainly states it applies to special purpose districts "including" those that are set forth. "[I]including" is a term of enlargement and not of limitation or exclusive enumeration, and use of the term does not create a presumption that the components not expressed are excluded. TEX. GOV'T CODE ANN. § 311.005(13) (West 2005); see, e.g., Fort Bend County Toll Road Auth. v. Olivares, 316 S.W.3d 114, 127 (Tex.App.-Houston [14th Dist.] 2010, no pet.) (concluding toll road authority is local governmental entity under section 271.151 even though not listed among enumerated entities in statutory definition). In fact, several courts have held that a county hospital district is a political subdivision of the state for purposes of the Texas Tort Claims Act even though the term "hospital district" is not included among the state political subdivisions or special purpose districts listed in the TTCA's definition of "governmental unit." See TEX. CIV. PRAC. REM.CODE ANN. § 101.001(3)(B); Salcedo, 659 S.W.2d at 31; Weeks v. Harris County Hosp. Dist., 785 S.W.2d 169, 170 (Tex.App.-Houston [14th Dist.] 1990, writ denied). Additionally, county hospital districts have been considered a "local unit of government" rather than "state government" under the TTCA. See Tarrant County Hosp. Dist. v. Ray, 712 S.W.2d 271, 273-74 (Tex.App.-Fort Worth 1986, writ ref'd, n.r.e.).
In light of our conclusion that section 271.152 waives the District's immunity from suit for Hospira's breach of contract claims, we summarily dispose of the District's argument that Hospira cannot circumvent the District's governmental immunity from suit by characterizing its suit for money damages as a declaratory judgment claim.
The District finally contends that section 271.152 does not waive its immunity from suit for Hopsira's alternative claim based on quantum meruit. We agree. The plain language of the statute only waives immunity "for the purposes of adjudicating a claim for breach of the contract." TEX. LOC. GOV'T CODE ANN. § 271.152. The waiver does not apply to extra contractual claims such as quantum meruit. See City of San Antonio ex rel. City Pub. Serv. Bd. v. Wheelabrator Air Pollution Control, Inc., 381 S.W.3d 597, 602 (Tex.App.San Antonio 2012, pet. filed); Swinerton Builders, 233 S.W.3d at 12-13.
We conclude the legislature intended to include the District as a local governmental entity for purposes of section 271.152's waiver of immunity. We further conclude, however, that the waiver of immunity afforded under section 271.152 does not extend to Hospira's alternative claim for quantum meruit. Accordingly, we reverse the trial court's order denying the District's plea to the jurisdiction and motion to dismiss with respect to Hospira's quantum meruit claim. We render judgment dismissing Hospira's claim in quantum meruit with prejudice. We affirm the trial court's order in all other respects. We remand this cause to the trial court for further proceedings.