Scott v. Presidio I.S.D.

266 S.W.3d 531, 2008 WL 3984366
CourtCourt of Appeals of Texas
DecidedOctober 1, 2008
Docket03-07-00319-CV
StatusPublished
Cited by22 cases

This text of 266 S.W.3d 531 (Scott v. Presidio I.S.D.) 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.

Bluebook
Scott v. Presidio I.S.D., 266 S.W.3d 531, 2008 WL 3984366 (Tex. Ct. App. 2008).

Opinions

OPINION

BOB PEMBERTON, Justice.

We grant the motion for rehearing filed by Robert Scott, in his official capacity as Texas Commissioner of Education, withdraw the panel opinion and judgment issued on May 7, 2008, and substitute the following in its place. We overrule as moot the Commissioner’s motion for en banc reconsideration.

The legislature has provided Texas teachers an administrative appeal to the Commissioner from certain adverse personnel actions by their school districts. See Tex. Edue.Code Ann. §§ 21.301-.306 (West 2006). In turn, the legislature has provided, in section 21.307 of the education code, that either the teacher or the school district may challenge the Commissioner’s decision through suit for judicial review, [533]*533termed a “judicial appeal.” See id. § 21.307 (West 2006). In such suits, a district court reviews the Commissioner’s decision under a substantial evidence standard on the administrative record. See id. Central to this appeal is subsection (a) of section 21.307:

Either party may appeal the commissioner’s decision to:
(1) a district court in the county in which the district’s central administrative offices are located; or
(2) if agreed by all parties, a district court in Travis County.

Id. § 21.307(a). Also critical to this appeal is subsection (c) of section 21.307, which requires that “[t]he commissioner and each party to the appeal to the commissioner must be made a party to an appeal under this section.” See id. § 21.307(c).

A teacher whom the Presidio Independent School District had terminated appealed that decision to the Commissioner, who ruled in the teacher’s favor. The District filed a judicial appeal in Travis County district court. The District named both the teacher and the Commissioner as parties to its suit, as education code section 21.307(c) required. While the teacher agreed to the filing in Travis County district court, the Commissioner did not. Contending that section 21.307(a)(2) required his consent to suit in Travis County district court as a condition to the legislature’s waiver of sovereign immunity against the suit, the Commissioner filed a plea to the jurisdiction.1 The district court denied the plea. The Commissioner appealed the district court’s order.2

The Commissioner’s appeal presents two issues. First, the parties dispute whether the consent requirement in section 21.307(a)(2) is a condition on the legislative waiver of sovereign immunity so as to permit a judicial appeal to be filed in Travis County district court, as the Commissioner contends, or is merely a non-jurisdictional venue requirement, as the District argues. Second, the parties differ as to whether the Commissioner is among the “all parties” who must consent to the Travis County forum under section 21.307(a)(2). We conclude that education code section 21.307(a)(2) required the Commissioner’s consent as a prerequisite to the legislative waiver of sovereign immunity necessary for judicial appeals to be filed in Travis County district court. Because the Commissioner undisputedly did not consent to suit there so as to confer jurisdiction under subsection (a)(2), and because the District’s “central administrative offices” are unquestionably not located in Travis County so as to come within subsection (a)(l)’s waiver, we conclude that the district court erred in denying the Commissioner’s plea to the jurisdiction.

Our resolution of both issues turns on construction of education code 21.307(a)(2). Statutory construction presents a question of law that we review de novo. E.g., State v. Shumake, 199 S.W.3d 279, 284 (Tex.2006). Our primary objective in statutory construction is to give effect to the legislature’s intent. Id. We seek that intent “first and foremost” in the statutory text. Lexington Ins. Co. v. Strayhorn, 209 S.W.3d 83, 85 (Tex.2006). We consider the words in context, not in isolation. State v. Gonzalez, 82 S.W.3d 322, 327 (Tex.2002). We rely on the plain meaning of the text, unless a different meaning is supplied by [534]*534legislative definition or is apparent from context, or unless such a construction leads to absurd results. City of Rockwall v. Hughes, 246 S.W.3d 621, 625-26 (Tex.2008) (citing Texas Dep’t of Transp. v. City of Sunset Valley, 146 S.W.3d 637, 642 (Tex.2004); Taylor v. Firemen’s and Policemen’s Civil Serv. Comm’n of City of Lubbock, 616 S.W.2d 187, 189 (Tex.1981); University of Tex. Sw. Med. Ctr. v. Loutzenhiser, 140 S.W.3d 351, 356 (Tex.2004)); see Tex. Gov’t Code Ann. § 311.011 (West 2005) (“[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage,” but “[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”). Our analysis of the statutory text is also informed by the presumptions that “the entire statute is intended to be effective” and that “a just and reasonable result is intended,” Tex. Gov’t Code Ann. § 311.021(2)-(3) (West 2005), and consideration of such matters as “the object sought to be attained,” “circumstances under which the statute was enacted,” legislative history, and “consequences of a particular construction.” Id. § 311.023(l)-(3), (5) (West 2005). We also presume that the legislature acted with knowledge of the background law. Acker v. Texas Water Comm’n, 790 S.W.2d 299, 301 (Tex.1990).

Furthermore, we must also employ special rules of construction that are implicated when, as here, a statute is asserted to have waived sovereign immunity. See State v. Oakley, 227 S.W.3d 58, 62 (Tex.2007); see also Texas Dep’t of Protective & Regulatory Servs. v. Mega Child Care, Inc., 145 S.W.3d 170, 198 (Tex.2004) (right to judicial review in section 2001.171 of the APA “provides a limited waiver of sovereign immunity” because “the Legislature necessarily understood that state agencies would be sued in court by persons exercising that right”). When determining the extent to which section 21.307 has waived sovereign immunity, we are bound to comply with the legislature’s mandate that “a statute shall not be construed as a waiver of sovereign immunity unless the waiver is effected by clear and unambiguous language.” Tex. Gov’t Code Ann. § 311.034; see Oakley, 227 S.W.3d at 62. This requirement embodies the principle that courts should generally defer to the legislature to decide whether or to what extent sovereign immunity should be waived, so as to “preserve the legislature’s interest in managing state fiscal matters through the appropriations process.” Tex. Gov’t Code Ann. § 311.034.

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Scott v. Presidio I.S.D.
266 S.W.3d 531 (Court of Appeals of Texas, 2008)

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Bluebook (online)
266 S.W.3d 531, 2008 WL 3984366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-presidio-isd-texapp-2008.