Browsing by Author "Swann, Tommy J."
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Item Administrative Law and Procedure(Texas Tech Law Review, 1979) Swann, Tommy J.Surveys administrative law and procedure decisions from the United States Court of Appeals for the Fifth Circuit for the period from September 1, 1977, through June 30, 1978. This survey covers cases relating to administrative procedure decisions and a review and analysis of significant substantive law decisions. Focuses on Federal Energy Regulatory Commission decisions due to the large number of cases and the continued importance of energy law during this time of energy shortage.Item Direct Payment of Vested Firemen’s Relief and Retirement Fund Benefits to Non-Member Spouse on Division of Community Property Pursuant to Divorce is Permissible(Texas Tech Law Review, 1977) Swann, Tommy J.Analyses the Texas Court of Civil Appeals for Beaumont’s case Collida v. Collida. The court in this case held that, upon divorce, a spouse was entitle to one-half of the other spouse’s interest in a “Firemen’s Relief and Retirement Fund,” over objections that fund’s spendthrift provision applied. Direct payments will help ensure that the nonmember will receive the benefits to which he or she is entitled.Item Review of Texas Railroad Commission Orders Under the Texas Administration Procedure Act is Based on the Substantial Evidence Rule as Applied to All Evidence Before the Commission Rather than as Applied to Only Evidence Before the Reviewing Court(Texas Tech Law Review, 1978) Swann, Tommy J.Summarizes the Texas Supreme Court’s case Imperial American Resources Fund, Inc. v. Railroad Commission. On a question regarding the validity of a Railroad Commission of Texas order granting an exception to the oil well spacing requirement. The Court held that “the reviewing court cannot consider evidence outside the agency record in a judicial review of an administrative order.” In its decision, the Court applied the Administrative Procedure and Texas Register Act to an order by the Railroad Commission for the first time.