Texas Supreme Court
West Orange-Cove Consolidated I.s.d., Petitioners v. Felipe Alanis
May 29, 200346 Tex. Sup. Ct. J. 724
Summary
The Texas Supreme Court reversed the trial court’s dismissal and remanded for further proceedings, holding that a school district must plead that it is forced to levy the statutory $1.50 maintenance‑and‑operations tax to meet the state‑imposed obligation of an accredited education, thereby showing loss of meaningful discretion, in order to state a claim under Article VIII, §1‑e. The Court also rejected the lower courts’ reliance on the number of districts taxing at the cap as determinative. Justice SMITH dissented and Justice ENOCH filed a brief concurrence.