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Judicial Review of an Agency Decision: The Implications of the Texas Supreme Court's Landmark Mega Child Care, Inc. Decision
(Texas Tech Journal of Texas Administrative Law, 2006)
This comment discusses due process and judicial review in relation to administrative action. It extensively looks at the Texas Administrative Procedure Act and the case law that preceded Mega Child Care, Inc.. Next, it ...
Texas Administrative Law: Trials, Triumphs, and New Challenges
(Texas Tech Journal of Texas Administrative Law, 2006)
The first part of this article is a comprehensive summary of the history and movements that led to the Texas Administrative Procedures Act, such as: the federal administrative law movement, Federal APA of 1946, the Chenery ...
Both Eyes Open or One Eye Closed: Does the Reasonable and Prudent Operator Standard Handicap Mineral Lessees in the Prevention of Drainage?
(Texas Tech Journal of Texas Administrative Law, 2006)
This comment briefly discusses the origins of implied covenants, correlative rights, and Rule 37. It examines the duty of a lessee under the regime of each in the context of loss of the minerals owners’ estate to adjacent ...
Expanding the Use of Power Lines: A Review of the Regulatory Implications of Deploying Broadband Over Power Line Technology in Texas
(Texas Tech Journal of Texas Administrative Law, 2006)
This article outlines the steps that have been taken to deploy broadband over power lines (BPL) technology in Texas and elsewhere. It begins with a basic technical description of BPL services, then it focuses on the federal ...
The Resurgence of Sovereign Immunity and Its Assertion by Texas Cities and School Districts to Avoid Contractual Obligations
(Texas Tech Journal of Texas Administrative Law, 2005)
This article addresses the recent decision in Satterfield & Pontikes Construction, Inc. v. Irving School District, and the inconsistencies in the application of the law that it led to. It focuses on the assertions of ...
Did the Attorney General Shine Light on the Confusion in Texas' Sunshine Law? Interpreting Open Meetings Act Provision § 551.143
(Texas Tech Journal of Texas Administrative Law, 2006)
This article discusses the May 2005 Attorney General Opinion, as well as other past Attorney General Opinions and court cases that address the meaning of section 551.143. It also examines what may or may not be permissible ...
Great Expectations: Stranded Cost Recovery and the Interplay of the Electricity Industry, Consumers, and the Public Utility Commission of Texas
(Texas Tech Journal of Texas Administrative Law, 2006)
This comment discusses the methods employed to allow the electricity industry to recover “stranded costs” from Texas consumers. First, it explains deregulation in Texas through unbundling and stranded cost recovery. Then, ...
Exploring the Scope of Landowner Water Rights for Domestic and Livestock Purposes
(Texas Tech Journal of Texas Administrative Law, 2006)
This article examines the present scope of a Texas landowner’s domestic and livestock rights in light of the current versions of Chapter 11 of the Texas Water Code and Chapters 295 and 297 of the Texas Administrative Code. ...
Top of the Class: Understanding the Texas Higher Education Coordinating Board, the “Ten Percent Plan,” and the Future of Higher Education in Texas
(Texas Tech Journal of Texas Administrative Law, 2004)
This comment begins with background behind the Texas Higher Education Coordinating Board, then explains the organization and major powers and duties of the Board. It primarily discusses the key aspects of the Board’s mission ...
A Tribute to Justice Mack Kidd
(Texas Tech Journal of Texas Administrative Law, 2005)
This is a tribute to the career of Justice Mack Kid of the Texas Third Court of Appeals. He passed away unexpectedly on Monday, January 3rd, 2005, at the age of 63.