County of Reeves v. Texas Commission on Environmental Quality

OPINION

BOB PEMBERTON, Justice.

This is an administrative appeal challenging a district court judgment affirming the Texas Commission on Environmental Quality’s (TCEQ’s) decision to reject or dismiss, for “failure to prosecute,” an appeal under section 13.043(b) of the water code seeking to challenge a rate change by a municipally-owned utility. See Tex. Water Code Ann. § 13.043(b)(3), (c) (West 2008). For reasons we explain below, we will reverse the district court’s order and the TCEQ’s decision.

BACKGROUND

Statutory framework

The legislature has provided that the governing body of a…