Brazos Electric Power Cooperative, Inc. v. Texas Commission on Environmental Quality and Richard A. Hyde, Executive Director of TCEQ

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS BRAZOS ELECTRIC POWER COOPERATIVE, INC., § No. 08-16-00069-CV Appellant, § Appeal from the v. § 98th Judicial District Court TEXAS COMMISSION ON § of Tavis County, Texas ENVIRONMENTAL QUALITY & RICHARD A. HYDE, Executive Director § (TC# D-1-GN-14-004531) of TCEQ, § Appellees. DISSENTING OPINION By affirming the denial of a partial tax exemption despite Appellant showing it is using its property, in part for pollution control and in part for electricity production, the Court today broadly expands the discretionary authority of the…