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

Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 03-06-00257-CV
Regular Panel Decision
Jun 17, 2009

Greg Abbott, in His Official Capacity as Attorney General of Texas v. GameTech International, Inc. Anthony J. Sadberry, in His Official Capacity as Executive Director of the Texas Lottery Commission And Texas Lottery Commission

Greg Abbott, as Attorney General of Texas, appealed a summary judgment that deemed settlement letters between GameTech International, Inc., and the Texas Lottery Commission exempt from disclosure under the Texas Public Information Act (PIA). The Attorney General contended that no other law rendered these communications confidential. The appellate court examined whether the confidentiality provisions of the Governmental Dispute Resolution Act and the civil practice and remedies code applied to informal settlement negotiations. It concluded that these statutes only cover communications made within statutorily defined alternative dispute resolution procedures, which the exchanged settlement offers were not. Furthermore, the court found no common-law privilege protecting settlement negotiations or a corporate right to privacy. Consequently, the court reversed the district court's judgment, ruling that the settlement letters are not exempt from PIA disclosure requirements.

Public Information ActOpen Records RequestSettlement NegotiationsConfidentiality ExceptionStatutory ConstructionGovernmental Dispute ResolutionAlternative Dispute ResolutionCorporate Right to PrivacySummary Judgment AppealTexas Court of Appeals
References
26
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. 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. 03-05-00189-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
Case No. 03-10-00673-CV
Regular Panel Decision
Jul 06, 2012

Texas Board of Chiropractic Examiners, Glenn Parker, Executive Director, and Texas Chiropractic Association v. Texas Medical Association, Texas Medical Board, and the State of Texas

This case concerns an appeal by the Texas Board of Chiropractic Examiners (TBCE) and the Texas Chiropractic Association (TCA) challenging a district court's judgment. The district court invalidated portions of TBCE's administrative rule defining the scope of chiropractic practice, specifically regarding manipulation under anesthesia (MUA), needle electromyography (needle EMG), and certain diagnostic activities. The Court of Appeals affirmed the invalidation of rules permitting needle EMG and MUA, finding them to be "incisive" and "surgical" procedures respectively, and thus exceeding the statutory scope of chiropractic. However, the appellate court reversed the invalidation of rules allowing chiropractors to make certain diagnoses concerning the biomechanical condition of the spine or musculoskeletal system and subluxation complex, concluding these were within the statutory scope. The case was remanded for further proceedings regarding alternative constitutional challenges.

Chiropractic regulationMedical scope of practiceAdministrative rulesStatutory interpretationNeedle EMGManipulation Under AnesthesiaChiropractic diagnosisTexas lawHealth professional licensingJudicial review
References
98
Case No. Nos. 2-80-127 and 2-80-129 (Consolidated)
Regular Panel Decision
Dec 31, 1985

Howard Gault Co. v. Texas Rural Legal Aid, Inc.

This case involves two consolidated actions. No. 2-80-127 concerns civil rights counterclaims brought by Jesus Moya against seventeen growers and state officials following the issuance of an ex parte temporary restraining order (TRO) that curtailed union organizing activities of the Texas Farm Workers Union (TFWU) in Deaf Smith County, Texas. Moya alleged deprivation of First Amendment rights under 42 U.S.C. §§ 1983 and 1985. No. 2-80-129 is a class action, originally filed by TFWU and TRLA, challenging the constitutionality of several Texas picketing statutes. The court found that the growers and state officials acted under color of state law, depriving Moya of his First Amendment rights due to the unconstitutional ex parte TRO procedure and the overly broad minority picketing provisions. Moya was awarded $500 in compensatory damages. The court also declared multiple sections of the Texas picketing statutes (Tex.Rev.Civ.Stat.Ann. arts. 5154d, 5154f, and 5154g) unconstitutional. TRLA was denied standing for the constitutional challenges, but Delia Gamez Prince was granted standing. Claims for recovery against the TRO bond were denied.

Workers' RightsFirst AmendmentPicketingTemporary Restraining OrderConstitutional LawCivil Rights Act of 1871Labor DisputesOverbreadth DoctrineState StatutesJudicial Immunity
References
0
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. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. 03-09-00159-CV
Regular Panel Decision
Jan 29, 2010

Texas Department of Transportation// Texas Weekly Advocate and Dr. Jeffrey White v. Texas Weekly Advocate and Dr. Jeffrey White// Cross-Appellee, Texas Department of Transportation

The Texas Department of Transportation (TxDOT) amended its crash report form, removing a space for driver telephone numbers. Texas Weekly Advocate and Dr. Jeffrey White (Plaintiffs) sued TxDOT under the Administrative Procedure Act (APA) and the Uniform Declaratory Judgments Act (UDJA), arguing that TxDOT failed to comply with proper rulemaking procedures. The trial court granted summary judgment for Plaintiffs on their APA claim, enjoining TxDOT, but dismissed the UDJA claim and denied attorney's fees. On appeal, the court vacated the trial court's APA injunction and dismissed that part of the cause as moot, as TxDOT had subsequently completed the required rulemaking process. Additionally, the Plaintiffs' UDJA claim was deemed moot due to redundancy with the APA claim, and the appellate court affirmed the trial court's denial of attorney's fees, finding no abuse of discretion as the UDJA claim did not substantially broaden the action already provided by the APA.

Administrative Procedure ActUniform Declaratory Judgments ActMootnessAttorney's FeesSummary JudgmentInjunctive ReliefRulemaking ProceduresCrash Report FormTexas Department of TransportationAppellate Jurisdiction
References
10
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