Texas Natural Resource Conservation Commission v. White

in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice BAKER, Justice HANKINSON and Justice JEFFERSON joined.

In this case, we decide two issues: whether a stationary electric motor-driven pump is “motor-driven equipment” under Texas Tort Claims Act section 101.021, and whether the pump’s “operation or use” caused the plaintiffs property damage. White sued the Texas Natural Resource Conservation Commission (TNRCC) after a fire destroyed her business. The TNRCC filed a motion to dismiss for lack of jurisdiction claiming that White’s allegations did not support a…