Kidd v. Texas Public Utility Commission

OPINION

Bob Pemberton, Justice

This appeal’ can be considered a sequel of sorts to this Court’s recent Bonser-*390Lain decision,2 in which we held in part that the remedies provided by the Administrative Procedure Act (APA)3 for challenging agency actions in court do not extend to authorizing suits to challenge an agency’s refusal to promulgate rules.4 Here we consider whether, in an instance when, an agency has denied a petition requesting it to promulgate rules—a decision that cannot in itself be judicially challenged under the APA, per Bonser-Lain— the APA has nonetheless conferred jurisdiction…