Acker v. Texas Water Commission

OPINION

DOGGETT, Justice.

The vital issue in this case is whether the decisionmaking of a state agency in a contested administrative case should be done openly or secretly. We believe the law requires openness.

Charles M. Acker received a favorable recommendation from the hearings examiner at the Texas Water Commission on a requested permit for a wastewater treatment plant. Thereafter, during a recess of a public hearing conducted by the three member Commission, Commissioners Hopkins and Roming were allegedly overheard conversing about this application in a restroom. This purported discussion…