Mike Morath, Commissioner of Education, in His Official Capacity, and Texas Education Agency v. Texas American Federation of Teachers and Texas State Teachers Association

Court of Appeals of Texas

Mike Morath, Commissioner of Education, in His Official Capacity, and Texas Education Agency v. Texas American Federation of Teachers and Texas State Teachers Association

DecidedJune 14, 2021

Docket08-20-00152-CV

StatusPublished

This text of Mike Morath, Commissioner of Education, in His Official Capacity, and Texas Education Agency v. Texas American Federation of Teachers and Texas State Teachers Association (Mike Morath, Commissioner of Education, in His Official Capacity, and Texas Education Agency v. Texas American Federation of Teachers and Texas State Teachers Association) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mike Morath, Commissioner of Education, in His Official Capacity, and Texas Education Agency v. Texas American Federation of Teachers and Texas State Teachers Association, (Tex. Ct. App. 2021).

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Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

MIKE MORATH, COMMISSIONER § OF EDUCATION, in his Official No. 08-20-00152-CV Capacity, and TEXAS EDUCATION § AGENCY, Appeal from the Appellants, § 353rd District Court v. § of Travis County, Texas TEXAS AMERICAN FEDERATION OF TEACHERS and TEXAS STATE § (TC# D-1-GN-18-005044) TEACHERS ASSOCIATION, Appellees. §

JUDGMENT

The Court has considered this cause on the record and concludes there was error in that

part of the judgment invalidating 19 TEX.ADMIN.CODE § 97.1075(d)(10) (referred to as the

“Consultation Rule” in our opinion) and 19 TEX.ADMIN.CODE § 97.1075(d)(6) (the “Local Policy

Rule”). We therefore reverse that part of the judgment of the court below and reinstate these

rules.

We further order that the judgment of the court below that invalidated § 97.1079(f), in

accordance with the opinion of this Court, is affirmed.

We further order that Appellant recover from Appellee and its sureties, if any, for

performance of the judgment and one-third (1/3) of its costs, both in this Court and the court below,

for which let execution issue. See TEX R APP P. 43.5. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 14TH DAY OF JUNE, 2021.

JEFF ALLEY, Justice

Before Rodriguez, C.J., Palafox, and Alley, JJ.

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