Pension Board of the Police Officers Pension System v. Colson

492 S.W.2d 307, 1973 Tex. App. LEXIS 2268
CourtCourt of Appeals of Texas
DecidedFebruary 1, 1973
Docket7454
StatusPublished
Cited by7 cases

This text of 492 S.W.2d 307 (Pension Board of the Police Officers Pension System v. Colson) 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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Pension Board of the Police Officers Pension System v. Colson, 492 S.W.2d 307, 1973 Tex. App. LEXIS 2268 (Tex. Ct. App. 1973).

Opinions

KEITH, Justice.

The appeal involves only a question of interpretation of a statute, Art. 6243g — 1, § 13(a), Vernon’s Ann.Civ.St., and an abbreviated statement of the facts will suffice to place the dispute in focus.

Otis Lee Colson was a policeman employed by the City of Houston for many years prior to his retirement in 1959. He was eligible for pension benefits under the law from the pension fund and such payments were begun in 1959 and continued throughout the remainder of his life. After his retirement, he married the plaintiff below (our appellee) in 1960, and the parties continued to live together as man and wife until Mr. Colson died in 1968. Immediately after his death, Mrs. Colson made application to the Pension Board for the pension she claimed to be due her as the surviving spouse of Otis Lee Colson. This application was denied and she appealed to the District Court of Harris County.

For all practical purposes, the case was tried upon an agreed statement of facts, and judgment was entered for Mrs. Colson and against the Pension Board from which it has duly perfected an appeal.

Appellant devotes a large part of its brief to a discussion of the substantial evidence rule of procedure, reminding us that our only duty is to determine if substantial evidence supported the order of denial and that we lack authority to review the sufficiency of the evidence. We recognize the rule governing our review. Board of Firemen’s Relief & Retirement F. Tr. v. Marks, 150 Tex. 433, 242 S.W.2d 181, 183, 27 A.L.R.2d 965 (1951), and the long line of cases which has followed.

However, the only question presented by this record is one of law, the interpretation of a statute. This is a judicial function and one properly within our jurisdiction. In Gregg v. Delhi-Taylor Oil Corp., 162 Tex. 26, 344 S.W.2d 411, 415 (1961), the court was concerned with the question of primary jurisdiction of administrative agencies; and, although we are not concerned with that specific problem, the language there used is applicable to our case:

“The questions presented are primarily judicial in nature. Where the issue is one inherently judicial in nature (as we think the question of trespass is), the courts are not ousted from jurisdiction [309]*309unless the Legislature, by a valid statute, has explicitly granted exclusive jurisdiction to the administrative body. The Legislature has not attempted to do so here, and we have no question as to the constitutionality of such a delegation.”

The rule so established has been extended to situations other than trespass. See, e. g., Foree v. Crown Central Petroleum Corporation, 431 S.W.2d 312, 316 (Tex.1968); and State v. Harrington, 407 S.W.2d 467, 474 (Tex.1966).

Administrative determination of questions of law are, generally speaking, subject to judicial review and the court may substitute its own judgment as to the law. Brown v. Humble Oil & Refining Co., 126 Tex. 296, 83 S.W.2d 935, 944-945, 99 A.L.R. 1107 (1935).

In Board of Adjustment v. Underwood, 332 S.W.2d 583, 585-586 (Tex.Civ.App., San Antonio, 1960, error ref. n. r. e.), the court addressed itself to the specific question which we have in this case, saying:

“The substantial evidence rule is not the point in the case. The point in this case is one of construing and interpreting the ordinance definition of ‘Home Occupations.’ This is a question of law. Associated Indemnity Corp. v. Oil Well Drilling Co., Tex.Civ.App., 258 S.W.2d 523; Board of Adjustment v. Stovall, Tex.Civ.App., 218 S.W.2d 286. Faced with a decision, an administrative board may exercise its administrative judgment or discretion in interpreting an applicable law. The courts, however, are not bound by an administrative construction of the law. Brannan v. Stark, 87 U.S. App.D.C. 388, 185 F.2d 871; Social Security Board v. Nierotko, 327 U.S. 358, 368, 66 S.Ct. 637, 90 L.Ed. 718. The problem of interpreting an ordinance or statute is also a law problem, though a different one from the law problem presented by the substantial evidence rule. A court may review a Board’s construction or interpretation of an ordinance or statute.”

The rule was amplified in State v. United Bonding Insurance Company, 450 S.W.2d 689, 692 (Tex.Civ.App., Austin, 1970, no writ) :

“An administrative agency may use its discretion in interpreting an applicable statute, but the courts are not bound by such administrative construction, may review the interpretation arrived at by the agency, and if found legally wrong, may in the exercise of judicial powers overturn the construction administratively applied.”

There being no disputed facts and the interpretation of the involved statute being within the jurisdiction of this court, we are of the opinion that the appellant Board was legally wrong in its interpretation thereof and the trial court’s interpretation was correct; hence, we affirm the judgment.

The particular section with which we are concerned appeared as § 12 of the original Act and provided, in substance, that when a member “shall die . . . and shall leave surviving a widow . . . said Board shall order paid a monthly allowance . . . To the widow.” Acts 1947, 50th Leg., p. 124, ch. 76, § 12. In 1967, the Act was amended and the foregoing provisions were incorporated into § 13 of the present statute codified as Art. 6243g — 1, § 13(a),1 the pertinent provisions of which read as follows:

“If any member of the police department who has retired on allowance because of length of service . . . dies from any cause whatsoever . . . after he has become entitled to an allowance or pension . . . and leaves surviving a spouse to whom the member was married prior to his death or retirement . the Board shall order paid a monthly allowance ... to the spouse [310]*310. ” Acts 1967, 60th Leg., p. 528, ch. 232, § 1.

In essence, it is the Board’s contention that since Mrs. Colson became a widow only upon the death of Mr. Colson, the only language in the 1967 amendment which could be operative was the phrase “to whom the member was married prior to his . retirement.” Mrs. Colson, on the other hand, says that the amendment is clear and requires the Board to grant her the allowance since she was married to the member “prior to his death or retirement.”2 Neither party favors us with authorities precisely in point in determining the dispute.

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492 S.W.2d 307, 1973 Tex. App. LEXIS 2268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pension-board-of-the-police-officers-pension-system-v-colson-texapp-1973.