With no explanation, chose the best option from "A", "B", "C" or "D". Ctr. of DeSoto, Tex., Inc. v. Mason, 143 S.W.3d 794, 798 (Tex.2004). 4 . Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex.2006). 5 . Tooke v. City of Mexia, 197 S.W.3d 325, 328-29 (Tex.2006); Duhart v. State, 610 S.W.2d 740, 742 (Tex.1980). 6 . Tex. Loc. Gov't Code Ann. § 271.152 (Vernon 2005). 7 . Id. at § 271.153(a). 8 . Id. at § 271.153(b)(1), (b)(3). 9 . Id. at § 271.151(2). 10 . Id. at§ 271.151(3)(C). 11 . See Tooke, 197 S.W.3d at 328-29 (noting that sovereign immunity is waived only by clear and unambiguous language). 12 . See Tex. Water Code Ann. § 49.001(a)(1) (Vernon Supp.2007). 13 . Id. § 49.066(a). 14 . Bexar Metro. Water Dist. v. Educ. and Econ. Dev. Joint Venture, 220 S.W.3d 25, 31 (Tex.App.-San Antonio 2006, pet. filed); see also Tooke, 197 S.W.3d at 342 (<HOLDING>)- 15 . Matheus v. Sasser, 164 S.W.3d 453, 459

A: holding that the words sue and be sued when used in a statute do not by themselves waive immunity
B: holding that sue and be sued provisions of agencies should be liberally construed and that  authorization of suits against federal entities engaged in commercial activities may waive sovereign immunity from awards of interest as an incident of suit 
C: holding that the trustee alone has the capacity to sue and be sued 
D: holding that a state may waive its sovereign immunity
A.