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Texas Administrative Law Blog

Archive for the 'Texas Land Use & Zoning Law' Category

Administrative Appeal of Property Tax Appraisal Board Must Be Timely

Tuesday, September 15th, 2009

In the case of Dolenz v. Dallas Central Apprial District and Dallas County Appraisal Review Board, the appraisal review board rejected appellant’s and the Trust’s appeals of the request for exemptionon September 29 and November 17, 2005. Dolenz, as trustee of the Trust, filed a petition for review on November 4, 2005, but Dolenz did not [...]

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 [...]

Texas Health & Human Services Commission’s rule on Medicaid Inpatient Service Rates Under Scrutiny

Monday, July 27th, 2009

In a Texas Supreme Court opinion in El Paso Hospital District v. THHSC, the high court was asked to determine whether the Texas Health and Human Services Commission’s (HHSC) data-collection method for calculating prospective Medicaid inpatient service rates is an agency rule as defined by the Administrative Procedures Act (APA).  Tex. Gov’t Code § 2001.003(6).  [...]

Texas Administrative Law Blog

Sunday, July 26th, 2009

In an effort to better inform businesses and individuals about Texas administrative law, the Lorenzana Law Frm has launched a new blog as an avenue to provide information, tips, and legal analysis of Texas administrative law as well as helpful information in dealing with Texas state agencies and compliance requirements.

Law Blog Post 1

Saturday, June 20th, 2009

Welcome to Lorenzana Law Blog, this is the first posting for each category