Justia Texas Supreme Court Opinion Summaries

The Supreme Court considered two questions of Texas law certified from the United States Court of Appeals for the Fifth Circuit concerning whether changes made by the Texas Legislature in 2017 to Deferred Retirement Option Plans (DROP) violate a Texas Constitution provision that prohibits the reduction or impairment of certain accrued retirement benefits, concluding that the 2017 legislative reforms do not violate the Constitution.Certain retirees challenged the 2017 statutory amendments, which eliminated their ability to request lump-sum distributions from their respective DROP accounts. The retirees argued that the funds in DROP are accrued service retirement benefits and that the change to how the funds may be withdrawn reduces or impaired the accrued benefit in violation of Tex. Const. art. XVI, 66(d). The Fifth Circuit certified questions to the Supreme Court, concluding that section 66's application in this case was unsettled under Texas law. The Supreme Court answered that the 2017 amendment does not violate section 66. View "Degan v. Board of Trustees of the Dallas Police" on Justia Law

In this case examining whether the former version of the Texas Citizens Participation Act (TCPA) applies to certain counterclaims alleged in a dispute over an oil and gas lease the Supreme Court affirmed in part and reversed in part the judgment of the court of appeals dismissing all the counterclaims in this case, holding that the court of appeals properly dismissed one counterclaim but erred in dismissing the remaining counterclaims.At issue was whether each counterclaim was "based on, relates to, or is in response to" the "exercise of the right of free speech" or the "exercise of the right to petition," as defined by the governing statutory text. See Tex. Civ. Prac. & Rem. Code 27.003(a). The Supreme Court held (1) certain communications to third parties about an oil and gas lease allegedly involving the exercise of free speech, on which some of the counterclaims were based, were not covered by the TCPA because they did not relate to a matter of public concern under the TCPA, and therefore, the court of appeals erred in dismissing these counterclaims; and (2) the court of appeals correctly disposed of the "right to petition" counterclaim. View "Creative Oil & Gas, LLC v. Lona Hills Ranch, LLC" on Justia Law

In this divorce action, The Supreme Court reversed in part the court of appeals' judgment reversing the trial court's judgment entering a final decree of divorce incorporating the terms of the parties' mediated settlement agreement (MSA), holding that the court erred in rendering judgment on the MSA in Wife's absence.Before Husband filed a divorce petition Husband and Wife executed an MSA dividing the martial estate and settling child custody issues. Husband then filed the divorce petition. Husband appeared in court for a hearing at the of which the trial court orally rendered judgment on the MSA. Wife did not attend because she did not receive notice of the hearing. Wife later moved to set aside the judgment and to revoke the MSA. The trial court denied the motions and entered a final decree of divorce incorporating the MSA's terms. The court of appeals reversed. The Supreme Court reversed in part, holding (1) an MSA that resolves the parties' property division and conservatorship issues can satisfy all statutory requirements if it is executed before a petition for divorce is filed; but (2) because Wife did not receive the notice to which she was constitutionally entitled the trial court erred in rendering judgment on the MSA in her absence. View "Highsmith v. Highsmith" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the decision of the trial court granting summary judgment in favor of the City of Rowlett on KMS Retail Rowlett, LP's complaint alleging that the City's exercise of its eminent domain authority to take KMS's private road easement and convert it to a public road connecting several commercial retail and restaurant sites, holding that summary judgment was properly granted.Specifically, the Court held that the court of appeals did not err in concluding that (1) chapter 2206 of the Government Code, which prohibits takings for economic development purposes, did not apply to the taking in this case; (2) the City's condemnation was necessary for a constitutional public use; and (3) KMS failed to raise a fact issue as to whether the taking was fraudulent, in bad faith, or arbitrary and capricious. View "KMS Retail Rowlett, LP v. City of Rowlett" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the judgment of the trial court concluding that Petitioner, who represented a putative class of citizens seeking to strike down state statutes and a city's ordinance authorizing use of red-light cameras as a traffic-enforcement tool, was not required to seek an administrative remedy before filing his case in district court, holding that Petitioner lacked standing to bring one of his claims, that governmental immunity applied to another claim, and that Petitioner was required to seek administrative relief before filing a takings claim in district court.In reversing, the court of appeals concluded that the trial court had no jurisdiction over Petitioner's claims because Petitioner had failed to seek administrative relief. The Supreme Court affirmed but for different reasons, holding (1) Petitioner lacked standing to bring his prospective claims for declaratory and injunctive relief; (2) governmental immunity barred Petitioner's reimbursement claim; (3) Petitioner was required to exhaust his administrative remedies before bringing his constitutional takings claim in district court; and (4) an amended pleading would not cure the defects in Petitioner's claims. View "Garcia v. City of Willis" on Justia Law

The Supreme Court reversed the judgment of the court of appeals and rendered judgment for the Texas Department of Criminal Justice, holding that the public's right to information under the Texas Public Information Act (PIA) is subject to reasonable limitations when its production may lead to physical harm.Plaintiffs sought information regarding the source of drugs used in Texas executions by lethal injection. The trial court agreed with Plaintiffs that disclosing the source's identity would not create a substantial threat of physical harm to the source's employees and others. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant was entitled to judgment as a matter of law that the physical safety exception to the PIA applies to protect the identity of a vulnerable retail compounding pharmacy from public disclosure. View "Texas Department of Criminal Justice v. Levin" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the judgment of the court of appeals holding that an interlocutory order denying a motion for summary judgment based on a claim against or defense by a member of the media or personal quoted by the media involving constitutional guarantees of freedom of speech or of the press refers to the ruling on the entire motion, including nonconstitutional grounds, and Defendants were entitled to summary judgment on all claims against them.Plaintiff sued a publication and an orchestra alleging various tort claims. Defendants each moved for summary judgment on all of Plaintiff’s claims. The trial court granted the motions in part but denied the publication’s motion on Plaintiff’s claims for defamation, conspiracy to defame, negligence, and gross negligence and denied the orchestra’s motion on Plaintiff’s claims for conspiracy to defame and tortious interference with employment. Defendants appealed based on Tex. Civ. Prac. & Rem. Code 51.014(a)(6). Some of Defendants’ defenses arose under constitutional guarantees of free speech and a free press, but others did not. The court reversed the denial of the publication’s motion for summary judgment and part of the denial of the orchestra’s motion. The Supreme Court reversed in part, holding that Defendants were entitled to summary judgment on all of Plaintiff’s claims. View "Dallas Symphony Ass’n v. Reyes" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the trial court in this case brought by three pensioners, holding that the Dallas Police and Fire Pension System did not violate Tex. Const. art. XVI, 66 by amending its pension plan to reduce the interest rate paid on Deferred Retirement Option Plan (DROP) accounts.Petitioners elected DROP before the amendment in this case and argued that the change in interest rate reduced or impaired service retirement benefits granted or accrued in violation of section 66. The trial court initially rendered judgment for Petitioners but, on reconsideration, ruled that reducing the DROP account interest rate prospectively did not violate section 66. The court of appeals affirmed. The Supreme Court affirmed, holding the the pension plan amendments did not violate section 66 because the DROP account interest rate change was prospective and will not impact funds deposited before the amendments became effective. View "Eddington v. Dallas Police & Fire Pension System" on Justia Law

In this case concerning where taxes on compressors were due, the Supreme Court affirmed in part and reversed in part the judgment of the court of appeals, holding (1) Tex. Tax Code 23.1241 and 23.1242 controlled the taxable situs of the compressors at issue; and (2) Midland County was the taxable situs of the compressors.EXLP Leasing owned and leased out compressor stations used to deliver natural gas into pipelines. In response to a 2012 amendment to the Tax Code, EXLP began paying taxes on the compressors located in Loving County to Midland County. Loving County continued placing the compressors on its appraisal rolls at full market value, asserting that the compressors’ presence within the counties fixed taxable situs there. The appraisal review board sided with the county. The trial court agreed with the county, concluding that sections 23.1241 and 23.1242 were unconstitutional. The court of appeals held (1) the statutes are constitutional, and (2) the compressors’ taxable situs is Loving County. The Supreme Court reversed in part, holding (1) sections 23.1241 and 23.1242 control the taxable situs of the compressors; and (2) Midland County is the taxable situs of the compressors. View "Loving County Appraisal District v. EXLP Leasing LLC" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals, holding that Texas Tax Code 23.1241 and 23.1242 controlled the taxable situs of the compressors at issue in this case and that Midland County, rather than Ward County, was the taxable situs of the compressors.EXLP Leasing owned and leased out compressor stations used to deliver natural gas into pipelines. While some of the compressors were in use in Ward County, EXLP paid taxes on those compressors to Midland County in response to a 2012 amendment to Tax Code sections 23.1241 and 23.1242 that included leased heavy equipment in a statutory formula used to value heavy equipment held by dealers for sale. An appraisal review board agreed with Ward County that the compressors' presence in the county fixed taxable situs there. The trial court concluded (1) sections 23.1241 and 23.1242 are unconstitutional; (2) taxes on the compressors were due to Ward County; and (3) the compressors fell under the challenged statutory framework as “heavy equipment.” The court of appeals concluded that the statues were constitutional but otherwise affirmed. The Supreme Court held (1) the statutes are constitutional; (2) EXLP properly paid taxes on compressors in Midland County; and (3) the compressors met the statutory definition of “heavy equipment.” View "Ward County Appraisal District v. EES Leasing LLC" on Justia Law