FM Properties Operating Co. v. City of Austin

in which Chief Justice PHILLIPS, Justice ENOCH, Justice Hankinson, Justice O’NEILL and Justice GONZALES joined.

The primary issue in this direct appeal is whether section 26.179 of the Texas Water Code, which allows certain private landowners to create “water quality protection zones” in certain cities’ extraterritorial jurisdictions, violates the Texas Constitution. We conclude that it does because it unconstitutionally delegates legislative power to private landowners. Therefore, we affirm the trial court’s judgment on the merits as well as on attorney’s fees.

I. BACKGROUND

The Texas…