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

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. 01-17-00146-CV
Regular Panel Decision
Aug 27, 2019

Michael Fallon, M.D. v. the University of Texas MD Anderson Cancer Center and Craig Henderson as Officer for the Public Information for the University of Texas MD Anderson Cancer Center

Michael Fallon, M.D. sued the University of Texas MD Anderson Cancer Center and Craig Henderson under the Texas Public Information Act (PIA) after they denied his request for certain information, claiming it was held by an affiliated private entity, the MD Anderson Physicians Network. The trial court dismissed Fallon's suit. The appellate court reversed the dismissal of Fallon's mandamus claim, finding a genuine issue of material fact regarding whether the Cancer Center had a right of access to the Physicians Network's records, thereby making the information "public information" under the PIA. However, the court affirmed the dismissal of Fallon's declaratory judgment claim, stating that the Declaratory Judgments Act does not waive sovereign immunity for such claims. The case was remanded for further proceedings consistent with the opinion.

Public Information ActSovereign ImmunityDeclaratory JudgmentMandamusGovernmental BodyNon-profit OrganizationPhysicians NetworkMedical Peer ReviewSummary JudgmentPlea to Jurisdiction
References
56
Case No. MISSING
Regular Panel Decision

Envoy Medical Systems, L.L.C. v. State

Envoy Medical Systems, L.L.C. and Independent Review Incorporated, both Independent Review Organizations (IROs), appealed a trial court's judgment denying their request to exempt certain records from disclosure under the Public Information Act (PIA). They sought to prevent the release of information pertaining to their reviewers, reviewer contracts, and compensation terms, arguing that this information was either 'confidential by law' or fell under the commercial or financial information exception of the PIA. The Texas Department of Insurance, having received the initial information request, had interpreted its rules to protect patient-specific data provided *to* IROs, not data provided *by* IROs as part of their certification application. The appellate court affirmed the trial court's judgment, concluding that the appellants failed to demonstrate that any exception to public disclosure applied to the disputed information.

Public Information ActOpen Records ActConfidentiality ExemptionCommercial InformationFinancial InformationIndependent Review OrganizationsIRO CertificationMedical NecessityUtilization ReviewTrade Secrets
References
12
Case No. MISSING
Regular Panel Decision

Attorney General of Texas v. Farmers Insurance Exchange

This appeal addresses public-information requests made to the Texas Department of Insurance (TDI) concerning rate-filing information submitted by a group of insurers. The central legal question is whether exceptions to disclosure under the Public Information Act (PIA) apply to information explicitly declared 'open to public inspection' by the Texas Insurance Code. The district court had previously ruled that PIA exceptions were applicable, which could allow the insurers to withhold proprietary trade secrets. The appellate court, upon de novo review, overturned this decision, asserting that the clear and unambiguous language of the Insurance Code mandates public inspection without the limitations of PIA exceptions. The court dismissed arguments based on legislative history, constitutional separation of powers, and the takings clause, emphasizing its duty to interpret statutes based on their plain meaning.

Public Information ActTexas Insurance CodeRate FilingsTrade SecretsStatutory ConstructionOpen Records RequestsAppellate ReviewGovernmental DisclosurePublic InspectionSeparation of Powers
References
30
Case No. 03-19-00362-CV
Regular Panel Decision
Dec 22, 2020

the Franklin Center for Government and Public Integrity and Jon Cassidy v. University of Texas System

The Franklin Center for Government and Public Integrity and Jon Cassidy appealed a district court's summary judgment favoring The University of Texas System regarding the disclosure of documents under the Texas Public Information Act (TPIA). The documents pertained to an independent investigation by Kroll Associates, Inc. into UT System's admissions policies. The district court had granted summary judgment, finding the documents protected by attorney-client privilege. However, the Court of Appeals determined that Kroll was not acting as a "lawyer's representative." Thus, the attorney-client privilege did not apply, and the documents, after specific redactions, were ruled to be public information subject to disclosure. The summary judgment of the trial court was reversed and rendered.

Public Information ActAttorney-Client PrivilegeIndependent InvestigationAdmissions PoliciesSummary JudgmentDisclosureWaiverLawyer's RepresentativeEducation RecordsFERPA
References
18
Case No. 03-07-00725-CV
Regular Panel Decision
Jan 16, 2009

City of San Antonio Acting by and Through City Public Service Board N/K/A CPS Energy v. Bastrop Central Appraisal District and Chief Appraiser Mark Boehnke

The City of San Antonio, through CPS Energy, sought a writ of mandamus to compel the Bastrop Central Appraisal District (BCAD) and its chief appraiser to act on an untimely application for an open-space agricultural appraisal for 1999-2002. CPS Energy's land, previously tax-exempt for public use, lost this status retroactively after BCAD discovered a lignite mining lease with Alcoa. Although BCAD processed a similar application for 2003, it took no action on the earlier untimely applications. The appellate court affirmed the trial court's denial of mandamus, holding that BCAD had no statutory duty to act on applications filed after appraisal records approval and that CPS Energy's due-process rights were not violated, as they had opportunities to file timely applications. The court also rejected CPS Energy's estoppel argument against BCAD.

Property Tax LawAppellate ProcedureMandamus ActionStatutory InterpretationDue Process RightsTax Exemption RevocationOpen-Space Agricultural AppraisalUntimely ApplicationGovernmental EstoppelTexas Tax Code
References
21
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. 15-25-00022-CV
Regular Panel Decision
Dec 03, 2024

City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; And City of Farmer's Branch, Texas // Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas v. Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas // City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; City of Farmer's Branch, Texas; And City of Round Rock, Texas

The case involves a legal dispute over the State of Texas Comptroller's amendments to Rule 3.334, which governs local sales and use tax sourcing, especially for e-commerce and fulfillment centers. The applicant cities challenge several subsections of the rule, arguing they contravene existing statutes, prior interpretations, and the Administrative Procedure Act due to inadequate notice and reasoned justification. The Comptroller asserts the amendments clarify long-standing interpretations to address modern e-commerce practices, ensure uniform tax application, and prevent revenue manipulation, maintaining that the changes are within their statutory rulemaking authority. The trial court invalidated several contested subsections of Rule 3.334, permanently enjoining their enforcement and remanding them for further consideration. Both parties are appealing aspects of the trial court's decision, with the Comptroller cross-appealing the invalidity rulings. The issue is significant to Texas jurisprudence, determining where sales or use taxes are consummated for local allocation.

Sales Tax SourcingLocal Sales TaxE-commerceFulfillment CentersAdministrative LawStatutory InterpretationTexas Tax CodeRule 3.334Tax Revenue AllocationJudicial Review of Agency Action
References
21
Case No. MISSING
Regular Panel Decision

City of Garland v. PUBLIC UTILITY COM'N OF TEXAS

This case addresses a challenge to rules adopted by the Public Utility Commission concerning the confidentiality of competitively sensitive information provided by municipal utilities. The Commission's rule 25.93 allowed it to unilaterally determine the validity of a utility's confidentiality claims and release such information, even without a prior request. The appellants, a coalition of cities operating municipal electric utilities, contended that this rule overstepped the Commission's authority and conflicted with the Texas Public Information Act (TPIA). Specifically, they argued that TPIA section 552.133 grants public power utilities the right to designate 'competitive matters' as exempt from public disclosure, with only the attorney general or a court capable of overriding this protection under narrow conditions. The Court sided with the cities, ruling that subsections (c)(2) and (g)(3) of rule 25.93 contradicted the Commission's statutory mandate under utilities code section 39.155 to safeguard competitively sensitive information, in light of the TPIA's provisions. As a result, the court reversed the Commission's decision, declared the disputed subsections of the rule invalid, and remanded the case for further proceedings consistent with its opinion.

Public Utility CommissionTexas Public Information ActCompetitively Sensitive InformationUtility RegulationRule ValidityStatutory InterpretationConfidentialityDirect AppealMunicipal UtilitiesOpen Records
References
51
Case No. MISSING
Regular Panel Decision

Verizon New York Inc. v. New York State Public Service Commission

Verizon New York Inc. commenced a special proceeding against the New York State Public Service Commission and other respondents. Verizon sought to overturn a determination allowing public disclosure of certain documents, which Verizon claimed were trade secrets or confidential commercial information, under the Freedom of Information Law (FOIL). The documents in question related to Verizon's network costs and its methods and procedures for its wireless service, Verizon Voice Link (WL). The court reviewed the Secretary's and RAO's determinations, which found some information to be trade secrets but still required a showing of 'substantial injury' for exemption. The court ruled that once information is deemed a trade secret under Public Officers Law § 87 (2) (d), no further showing of substantial competitive injury is required for exemption. Consequently, the court granted in part the petition, exempting specific cost information and several M&P documents from disclosure, while denying exemption for three M&P documents.

FOIL ExemptionTrade Secret ProtectionConfidential Commercial InformationPublic Officers Law § 87 (2) (d)Substantial Competitive InjuryStatutory InterpretationAdministrative Determination ReviewCPLR Article 78Wireless ServicesCost Information Disclosure
References
47
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