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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 03-02-00246-CV
Regular Panel Decision
Aug 26, 2004

Reliant Energy, Incorporated Office of Public Utility Counsel And Gulf Coast Coalition of Cities/Magic Valley Electric Cooperative, Inc. Medina Electric Cooperative, Inc. Rayburn Country Electric Cooperative, Inc. And City of Bryan v. Public Utility Commission of Texas Consumer Owned Power Systems City of Houston Texas Industrial Energy Consumers State of Texas And Constellation NewEnergy, Inc./Public Utility Commission of Texas And Reliant Energy, Incorporated

This case concerns appeals from a district court's judgment affirming a Public Utility Commission (PUC) final order that set cost-of-service rates for Reliant Energy, Inc.'s transmission and distribution utility (TDU). Appellants, including Reliant Energy, Office of Public Utility Counsel, and various consumer groups, challenged the PUC's decisions on rate base calculations, return on equity, and operational expenses. The district court had largely affirmed the PUC's order, finding only one aspect to be a prohibited advisory opinion. The Court of Appeals, Third District, At Austin, reversed the district court's judgment regarding the inclusion of $107.3 million for the interconnection of Merchant Plant 4, citing a lack of substantial evidence. In all other respects, the Court of Appeals affirmed the district court's judgment and remanded the Merchant Plant 4 issue to the Commission for further proceedings.

Utility RegulationElectricity RatesPublic Utility CommissionCost-of-ServiceRate BaseReturn on EquityConsolidated Tax SavingsTransmission and Distribution UtilityAppellate ReviewAdministrative Law
References
38
Case No. MISSING
Regular Panel Decision
Apr 03, 2006

Lawrence Teachers Ass'n v. Lawrence Public Schools

This case concerns an appeal by the Lawrence Teachers Association (petitioner) challenging the denial of their petition to confirm an arbitration award. The arbitration award mandated Lawrence Public Schools (respondent) to designate members of the petitioner’s bargaining unit to provide special education services outside the school district's geographical boundaries. The Supreme Court, Nassau County, denied the petition, concluding the award was unenforceable. The appellate court affirmed this decision, ruling that the arbitration award violated public policy as it contravened Education Law former § 3602-c (2). This statute required the school district to contract with the school district where the nonpublic school attended by the pupil was located for such services. The court emphasized that an arbitrator's award cannot stand if it is contrary to well-defined statutory law and public policy.

Arbitration AwardPublic PolicyEducation LawSpecial Education ServicesCollective BargainingStipulationStatutory ViolationAppellate ReviewSchool District ObligationsLabor Dispute
References
4
Case No. 03-03-00428-CV
Regular Panel Decision
Sep 23, 2005

Cities of Corpus Christi, Appellants//AEP Texas Central Company Public Utility Commission of Texas And Constellation New Energy, Inc. v. Public Utility Commission of Texas and AEP Texas Central Company, Appellees//Public Utility Commission of Texas Cities of Corpus Christi Office of Public Utility Counsel And Constellation NewEnergy, Inc.

This dissenting opinion addresses an appeal regarding the Public Utility Commission's authority to order AEP Texas Central Company to refund excess earnings from accelerated recovery of stranded costs. The dissenting Justice agrees with the majority on affirming the Commission's decisions concerning member account balances and demand charges. However, the dissent strongly contends that the Commission possessed the authority to mandate these refunds prior to 2004, arguing the statutory scheme was ambiguous and the Commission's action was a reasonable interpretation consistent with its duties to promote fair competition and prevent overrecovery. The dissent highlights that the majority's interpretation may lead to absurd results by limiting the Commission's ability to correct overrecovery while allowing it to address underrecovery.

Electricity DeregulationStranded CostsUtility RegulationPublic Utility CommissionRegulatory AuthorityExcess EarningsRefundsCompetitive MarketTexas Utility CodeAdministrative Law
References
12
Case No. 03-03-00550-CV; 03-03-00551-CV; 03-03-00553-CV
Regular Panel Decision
May 19, 2005

City of San Antonio, Texas Acting by and Through the City Public Service Board of San Antonio v. Public Utility Commission of Texas

The Texas Court of Appeals considered the Public Utility Commission's rule 25.93 regarding the confidentiality of competitively sensitive information submitted by municipal utilities. Appellants, a group of cities, challenged subsections (c)(2) and (g)(3) of rule 25.93, arguing they exceeded the Commission's statutory authority and conflicted with the Texas Public Information Act (TPIA) section 552.133. This TPIA section allows public power utilities to designate information as "competitive matter," making it presumptively exempt from disclosure, with only the attorney general or a court empowered to override this protection under narrow grounds. The court agreed with the appellants, holding that rule 25.93, as written, would improperly permit the Commission to unilaterally determine the validity of confidentiality claims, thereby contravening its duties under the utilities code and the TPIA. The decision reversed and remanded the case, declaring subsections (c)(2) and (g)(3) of rule 25.93 invalid.

Public Utility CommissionCompetitive InformationTexas Public Information ActRule ValidityStatutory AuthorityConfidentialityMunicipal UtilitiesElectricity MarketAppellate ReviewAdministrative Law
References
25
Case No. 03-11-00072-CV
Regular Panel Decision
Aug 06, 2014

State of Texas' Agencies and Institutions of Higher Learning Office of Public Utility Counsel Steering Committee of Cities Served by Oncor Oncor Electric Delivery Company, LLC// Public Utility Commission of Texas v. Public Utility Commission of Texas Office of Public Utility Counsel Steering Committee of Cities Served by Oncor// State of Texas' Agencies and Institutions of Higher Learning Steering Committee

This case is an administrative appeal concerning a final order from the Public Utility Commission (PUC) that increased rates for Oncor Electric Delivery Company, LLC. The Texas Court of Appeals, Third District, at Austin, reviewed the district court's judgment on various regulatory and financial issues. The appellate court affirmed the district court's judgment on eight of twelve issues but reversed and remanded four issues back to the Commission for further proceedings. These reversed issues included the university discount, municipal franchise-fee expenses, the calculation of 'lead days' for the franchise-tax component of cash working capital, and the federal income-tax expense. The court's decision hinged on statutory interpretation and the application of regulatory standards in the context of utility ratemaking.

Electric Utility RegulationRate IncreaseAdministrative LawAppellate ReviewTexas Public Utility CommissionOncor Electric Delivery CompanyState Universities DiscountFranchise TaxFederal Income Tax ExpenseAutomated Metering Systems
References
110
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. 01-19-00971-CV
Regular Panel Decision
Dec 23, 2021

Patriot Contracting, LLC and Travelers Casualty & Surety Co. of America v. Shelter Products, Inc.

This case involves an appeal by Patriot Contracting, LLC (general contractor) and Travelers Casualty & Surety Company of America (surety) challenging a trial court's judgment. The judgment was in favor of appellees Shelter Products, Inc. (material supplier) and Kancor Companies, LLC (subcontractor). The original suit involved claims for breach of contract, statutory violations under the Texas Construction Trust Fund Act and Texas Public Prompt Pay Act, and judicial foreclosure of mechanic's and materialman's liens. The core dispute stemmed from Patriot's alleged failure to pay Kancor for work on the Temenos project, which in turn led to Kancor's inability to pay Shelter for materials. The appellate court reviewed the trial court's findings on Mary Carter agreements, sufficiency of evidence regarding material breach, improper jury argument, jury charge errors, perfection of liens, attorney's fees, pre-judgment interest, and declaratory judgment. The Court of Appeals affirmed the trial court's judgment in its entirety.

Construction LawBreach of ContractPayment BondMechanic's LienMaterialman's LienTexas Construction Trust Fund ActTexas Public Prompt Pay ActAppellate ReviewDirected VerdictJury Instruction
References
69
Case No. 03-01-00187-CV
Regular Panel Decision
Jan 10, 2002

Power Resource Group, Inc. v. Public Utility Commisison of Texas and Texas-New Mexico Power Company

This appeal concerns Power Resource Group, Inc.'s challenge to the Public Utility Commission of Texas's interpretation of rule 23.66, which governs the obligation of electric utilities to purchase energy and capacity from qualifying facilities (QFs). Power Resource argued that utilities must contract with QFs within 90 days of notification, irrespective of the QF's ability to deliver power within that period. The Commission asserted that a legally enforceable obligation only arises if the QF can provide energy within 90 days. The Texas Court of Appeals affirmed the district court's judgment, upholding the Commission's interpretation as reasonable and not preempted by federal law, and denied Power Resource's contract and fraud claims against Texas-New Mexico Power Company.

Public Utility CommissionElectric UtilitiesQualifying Facilities (QF)PURPAEnergy Purchase ObligationAdministrative Rule InterpretationStatutory InterpretationContract LawFraud ClaimsSummary Judgment
References
39
Case No. 07-18-00324-CV
Regular Panel Decision
Feb 27, 2019

David Sloan Federal Public Defender's Office, Lubbock, Texas Greg Abbott, Governor of the State of Texas Ken Paxton, Attorney General of the State of Texas Steven C. McCraw, Director, Texas Department of Public Safety Sheriff Cliff Harris, Pecos County Pecos County Sheriff's Department v. John Alan Conroy

Steven C. McCraw, Director of the Texas Department of Public Safety (DPS), appealed the denial of a plea to the jurisdiction in a case brought by John Alan Conroy. Conroy, a pro se inmate, sought electronic recordings of an interrogation related to a federal child pornography conviction and $20,000,000 in damages for alleged constitutional rights violations under the Texas Constitution. McCraw argued sovereign immunity barred Conroy's claims for monetary damages. The Court of Appeals construed Conroy's petition as a suit for a writ of mandamus under the Texas Public Information Act (PIA) regarding the disclosure of the recordings, which is not barred by sovereign immunity. The court affirmed the denial of McCraw's plea to the jurisdiction regarding the mandamus action but modified the order to dismiss Conroy's claim for monetary damages due to sovereign immunity.

Sovereign ImmunityPublic Information ActMandamusDue ProcessTrial Court JurisdictionAppellate ReviewTexas Government CodeTexas Family CodePro Se LitigantDeclaratory Judgment
References
13
Case No. 04-14-00451-CV
Regular Panel Decision
Nov 26, 2014

Wheelabrator Air Pollution Control, Inc. v. City of Public Service Board of San Antonio, a Municipal Board of the City of San Antonio

Wheelabrator Air Pollution Control, Inc. appealed an order granting a plea to the jurisdiction on its attorney's fees claim in a breach of contract suit against the City of San Antonio acting through the City Public Service Board (CPS). The Fourth Court of Appeals in San Antonio, Texas, affirmed the trial court's decision. The court determined that Chapter 271 of the Texas Local Government Code, as applicable to the 2004 contract, did not waive governmental immunity for attorney's fees. Furthermore, the court rejected arguments that CPS waived immunity by seeking affirmative relief or engaging in a proprietary function. The appellate court concluded that the trial court properly granted the plea to the jurisdiction due to the absence of a clear and unambiguous waiver of immunity for attorney's fees.

Governmental ImmunityAttorney's FeesBreach of ContractPlea to JurisdictionTexas Local Government CodeChapter 271Waiver of ImmunityProprietary FunctionSubject Matter JurisdictionAppellate Review
References
20
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