Chambers-Liberty Counties Navigation District v. State
The Chambers-Liberty Counties Navigation District and its Commissioners appealed a trial court's denial of their plea to the jurisdiction and Rule 91a motion to dismiss. The State of Texas sued them, alleging they unlawfully authorized Sustainable Texas Oyster Resource Management, L.L.C. (STORM) to cultivate and harvest oysters in state waters. The appellate court found that sections 12.301 and 12.303 of the Texas Parks & Wildlife Code provided an express statutory waiver of immunity for the District regarding claims of unlawfully possessing oysters. However, the court reversed the trial court's order concerning the State's ultra vires claim against the District, as such claims must be brought against individual officials, not the governmental unit itself. The court affirmed the ultra vires claim against the Commissioners, finding they exceeded their statutory authority by granting STORM rights related to oysters, an authority vested solely in the Texas Parks and Wildlife Department. The court also rejected the ripeness argument, stating the claim was not hypothetical.