Gatesco Q.M., LTD. v. City of Houston

OPINION

KEM THOMPSON FROST, Justice.

The primary issue in this appeal is the proper construction of section 13.042 of the Texas Water Code, a provision that has been construed in conflicting ways by various Texas courts of appeals. In the case under review a consumer, the owner of an apartment complex, sought declaratory and injunctive relief against a municipality that provided water service to the complex. The trial court dismissed the consumer’s claims for lack of subject-matter jurisdiction. Our dual charge on appeal is to determine whether section 13.042 deprived the trial court of…