Texas Supreme Court
Railroad Commission of Texas and Greg Abbott in His Official Capacity as Attorney General for the State of Texas…
February 13, 200346 Tex. Sup. Ct. J. 442
Summary
The Texas Supreme Court held that field rules adopted by the Railroad Commission through contested‑case procedures are not "rules" under Tex. Gov't Code §2001.038 and therefore are not subject to declaratory‑judgment review; they are contested‑case decisions subject to the limited review provided for such decisions. The Court reversed the appellate court and remanded for further proceedings.