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

Case No. MISSING
Regular Panel Decision

Texas Ass'n of Business v. Texas Air Control Board

The Texas Association of Business (TAB) filed a declaratory judgment action against the Texas Air Control Board and the Texas Water Commission, challenging the constitutionality of statutes allowing these agencies to levy civil penalties. Specifically, TAB argued that provisions requiring a supersedeas bond or cash deposit for judicial review violated the open courts and jury trial provisions of the Texas Constitution. The trial court denied TAB's relief. On appeal, the Supreme Court of Texas affirmed the trial court's decision regarding the jury trial challenge, concluding that no right to a jury trial exists for appeals from administrative environmental adjudications. However, the Court reversed the trial court on the open courts challenge, holding that mandating a bond or cash deposit as a prerequisite to judicial review was an unreasonable and unconstitutional restriction on court access.

Constitutional LawAdministrative LawStandingJudicial ReviewOpen Courts ProvisionJury Trial RightEnvironmental LawCivil PenaltiesTexas ConstitutionSeparation of Powers
References
91
Case No. 11-20-00206-CV
Regular Panel Decision
Sep 09, 2021

the Ector County Alliance of Businesses v. Greg Abbott, in His Official Capacity as Governor of the State of Texas John W. Hellerstedt, in His Official Capacity as the Commissioner of Public Health of the State of Texas and/or as Commissioner of the Texas Department of State Health Services And the State of Texas.

The Ector County Alliance of Businesses challenged Texas Governor Greg Abbott and Public Health Commissioner John Hellerstedt regarding executive orders and declarations imposing COVID-19 restrictions, specifically on bars. The Alliance, comprising Ector County bar operators, argued that sections of the Texas Disaster Act were unconstitutional and that the officials acted ultra vires. The trial court initially granted pleas to the jurisdiction. On appeal, the Eleventh Court of Appeals, finding several issues moot due to intervening events like superseded orders and legislative amendments, dismissed all claims against the Commissioner and the Alliance's second through fifth causes of action against the Governor and the State for lack of jurisdiction. The court affirmed the trial court's dismissal of the Alliance's first cause of action against the Governor and the State, concluding the Alliance lacked standing for prospective relief.

COVID-19Texas Disaster ActPublic Health DisasterExecutive OrdersConstitutional ChallengeSeparation of PowersMootnessStandingSovereign ImmunityInjunctive Relief
References
38
Case No. 03-99-00427-CV
Regular Panel Decision
May 11, 2000

Carole Keeton Rylander, as Successor to John Sharp, Comptroller of Public Accounts of the State of Texas And John Cornyn, as Successor to Dan Morales, Attorney General of the State of Texas v. Bandag Licensing Corporation

This case involves an appeal by the Comptroller of Public Accounts and the Attorney General of Texas from a district court judgment. The district court awarded Bandag Licensing Corporation (BLC) a recovery of $503,726 in franchise taxes paid under protest for the years 1992-96, along with attorney's fees. The central issue was whether BLC's mere possession of a certificate of authority to do business in Texas, without physical presence or intrastate business, constituted a 'substantial nexus' for franchise tax purposes under the Commerce Clause and Due Process Clause of the United States Constitution. The appellate court affirmed the district court's judgment, concluding that such passive possession was insufficient for taxation. Furthermore, the court found section 112.108 of the Texas Tax Code, which prohibited attorney's fees in declaratory judgment actions against the state, unconstitutional, thereby upholding the award of attorney's fees to BLC.

Franchise TaxCommerce ClauseDue Process ClauseDeclaratory Judgment ActGovernmental ImmunitySubstantial NexusCertificate of AuthorityInterstate CommerceTaxation LawConstitutional Law
References
34
Case No. 03-03-00436-CV
Regular Panel Decision
May 20, 2004

Texas Medical Association Texas AFL-CLO Patient Advocates of Texas Allen J. Meril, M.D. And L. E. Richey v. Texas Workers Compensation Commission Richard F. Reynolds, Executive Director And Texas Association of Business

The Texas Court of Appeals, Third District, at Austin, affirmed a district court's judgment upholding the validity of the 2002 medical fee guidelines promulgated by the Texas Workers' Compensation Commission. Appellants, including the Texas Medical Association and Texas AFL-CIO, challenged the guidelines on substantive grounds (unlawful delegation of power to CMS and arbitrary/capricious rulemaking) and procedural grounds (failure to consult the Medical Advisory Committee and inadequate reasoned justification/public notice). The appellate court found no unlawful delegation of power, that the Commission's decision was not arbitrary and capricious, and that the Commission substantially complied with the reasoned-justification requirement of the APA. The court also found no requirement to consult the Medical Advisory Committee for initial fee guidelines and that a new public notice and comment period was not required.

Workers' Compensation LawMedical ReimbursementFee GuidelinesAdministrative Procedure ActAgency RulemakingDelegation DoctrineArbitrary and CapriciousJudicial ReviewTexas LawHealth Policy
References
43
Case No. 03-15-00113-CV
Regular Panel Decision
Apr 30, 2015

EMC Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

EMC Corporation appeals the denial of its motion for summary judgment, arguing its entitlement to use the Multistate Tax Compact's three-factor apportionment formula for its Texas franchise tax. EMC asserts that the Multistate Tax Compact, codified in Texas, is a binding interstate agreement that was not impliedly repealed by subsequent Texas legislation. The appellant contends that the Texas Franchise Tax qualifies as an "income tax" under the Compact's broad definition, thereby allowing taxpayers to elect the Compact's apportionment method. Disallowing this election, EMC argues, violates the Contracts, Due Process, and Commerce Clauses of the United States Constitution, as well as the Equal and Uniform Clause of the Texas Constitution, by disproportionately representing its business in Texas and imposing an unconstitutional burden on interstate commerce.

Multistate Tax CompactFranchise TaxApportionment FormulaTax LawTexas Tax CodeInterstate CompactConstitutional LawDue ProcessCommerce ClauseContracts Clause
References
31
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. 03-03-00643-CV
Regular Panel Decision
Jul 15, 2004

Alpine Industries, Inc. v. Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas And Greg Abbott, Attorney General for the State of Texas

Alpine Industries, Inc. appealed a district court's summary judgment that held it responsible for collecting Texas sales taxes as a direct sales organization. The Comptroller of Public Accounts determined Alpine, which utilizes independent salespersons to sell air-purification equipment, fell under a provision of the Texas Tax Code requiring it to collect and remit sales tax. Alpine contested this, arguing the Comptroller failed to prove it was a direct sales organization, did not make an individualized determination for administrative efficiency, and that the tax violated the Commerce, Due Process, and Equal Protection clauses of the United States and Texas Constitutions. The appellate court affirmed the district court's judgment, ruling that the Comptroller properly applied the tax code and that the tax did not infringe upon Alpine's constitutional rights. Furthermore, the court upheld the Comptroller's counterclaim for over $2 million in back taxes.

Tax lawSales tax liabilityDirect sales organizationAdministrative efficiencyCommerce ClauseDue ProcessEqual ProtectionConstitutional lawSummary judgmentAppellate review
References
25
Case No. 03-13-00077-CV
Regular Panel Decision
Feb 25, 2015

Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage // Cross-Appellant,Texas Medical Association v. Texas Medical Association// Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage

The amicus brief, submitted by The Association of Marital and Family Therapy Regulatory Boards (AMFTRB), urges the Third Court of Appeals to grant en banc reconsideration and reverse a panel's decision that found 22 TEX. ADMIN CODE §801.42(13) invalid. The brief argues that Licensed Marriage and Family Therapists (LMFTs) are fully qualified, trained, and tested to perform diagnostic assessments within their therapeutic role. It asserts that diagnosis alone, in the context of marriage and family therapy, does not constitute the practice of medicine under the Texas Medical Practice Act, and preventing LMFTs from performing these assessments would effectively prohibit their professional practice and create a shortage of mental health professionals in Texas. The AMFTRB also highlights that the legislature did not intend for LMFTs to be supervised by physicians and that the structure of the Occupations Code supports marriage and family therapy as a stand-alone profession. Additionally, the brief questions the qualification of the Texas Medical Association's expert witness due to prior ethical lapses.

Marriage and Family TherapyDiagnostic AssessmentMedical Practice ActOccupations CodeRegulatory BoardsLicensureScope of PracticeMental Health ServicesTexasAccreditation
References
9
Case No. 03-00-00370-CV
Regular Panel Decision
Dec 21, 2000

Texas General Indemnity Company v. Texas Workers' Compensation Commission Todd Brown in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission And Michael L. MacIk

Texas General Indemnity Company (TGI) filed a declaratory judgment action in Travis County challenging the validity of Rule 130.8 of the Texas Workers' Compensation Commission (TWCC). The district court granted TWCC's plea to the jurisdiction and dismissed TGI's suit, also conditionally denying TGI's summary judgment motion and granting TWCC's. TGI appealed, arguing mandatory jurisdiction in Travis County and that Rule 130.8 conflicted with the Labor Code. The appellate court affirmed the dismissal, applying res judicata due to a prior adverse ruling against TGI on the same issue in Texas Gen. Indem. Co. v. Eisler. Additionally, the court affirmed the conditional judgment, concluding Rule 130.8 is a valid exercise of the Commission's rulemaking authority and does not conflict with the Texas Labor Code.

Administrative Rule ChallengeDeclaratory JudgmentWorkers' Compensation BenefitsImpairment Income BenefitsRes JudicataCollateral EstoppelStatutory InterpretationRulemaking AuthorityTexas Administrative Procedure ActLabor Code
References
31
Case No. 03-05-00189-CV
Regular Panel Decision
Mar 21, 2008

Texas Department of Insurance, Division of Workers' Compensation v. Insurance Council of Texas, Texas Mutual Insurance Company, Texas Property and Casualty Insurance Guaranty Association, and Envoy Medical Systems, Inc.

The Texas Department of Insurance, Division of Workers' Compensation (the "Division") promulgated a rule (28 Tex. Admin. Code § 133.309) to create a less expensive alternative review procedure for workers' compensation claims concerning the necessity of medical treatment. The Insurance Council of Texas, Texas Mutual Insurance Company, Texas Property and Casualty Insurance Guaranty Association, and Envoy Medical Systems, L.P. (the "Joint Appellees") challenged the rule's validity in a declaratory judgment action. The district court granted the Joint Appellees' motion for summary judgment, declaring the rule invalid. The appellate court affirmed the district court's judgment, concluding that the rule was not in harmony with relevant governing statutes that allowed for judicial review of medical necessity disputes.

Workers' Compensation LawAdministrative LawJudicial ReviewStatutory InterpretationDeclaratory JudgmentSummary JudgmentMedical Necessity DisputesAlternative Dispute ResolutionAgency Rule ValidityTexas Court of Appeals
References
15
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