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Texas Administrative Law Blog

Archive for August, 2009

State Agency Soverign Immunity Standard

Friday, August 7th, 2009

Sovereign immunity from suit defeats a trial court’s subject matter jurisdiction and is properly asserted or argued through a plea to the jurisdiction.  See Texas Dept. of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 225B26 (Tex. 2004).  Whether a trial court has subject matter jurisdiction is a question of law reviewed de novo.  Id. at [...]

Texas State Agency Rule Making Authority

Friday, August 7th, 2009

An agency may adopt only such rules as are authorized by and consistent with its statutory authority. See R.R. Comm’n of Tex. v. Lone Star Gas Co., 844 S.W.2d 679, 685 (Tex. 1992).  Such authority may be either expressly conferred by statute or implied from other powers and duties given or imposed by statute. Id. [...]

Water Governmental Agency Condemnation Authority

Friday, August 7th, 2009

In the case of Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Supreme Court decided whether a state water authority had authority under an existing easement to build a second water intake and pipeline to draw water from a lake to meet growing demand from its customers.
The Court held that the easement did not [...]