Public Utility Commission of Texas v. City of Sherman

I respectfully dissent.

In my judgment, this Court misinterprets PURA § 17(e) Article 1446c, Tex.Rev.Civ. Stat.Ann. (1980).

At the outset, the Court’s opinion is in conflict with our decision in Texas Water Rights Commission v. City of Dallas, 591 S.W.2d 609 (Tex.Civ.App.—Austin 1979, writ ref’d n.r.e.). There we held that the Texas Water Rights Commission had complete jurisdictional authority under Water Code section 6.056, over the rates charged by the City of Dallas to its customer cities. This Court made no attempt to hold that the Public Utility Commission, pursuant to PURA § 17(e),…