Texas State Board of Plumbing Examiners v. Associated Plumbing-Heating-Cooling Contractors of Texas, Inc.

KIDD, Justice.

Associated Plumbing Heating Cooling Contractors of Texas, Inc. sued the Texas State Board of Plumbing Examiners. Following a non-jury trial, the district court rendered judgment in favor of Associated Plumbing. On appeal, the Board complains about only one aspect of the judgment — that the Board pay Associated Plumbing’s attorney’s fees. The Board contends that attorney’s fees are not recoverable as a matter of law because the underlying proceeding was substantively only an administrative rule challenge governed exclusively by the Administrative Procedure Act (APA), which does…