State v. Titan Land Development Inc. and Bauer-Hockley 550, L.P.
Opinion
ACCEPTED 01-14-00899-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 4/9/2015 5:34:48 PM CHRISTOPHER PRINE CLERK
FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS April 9, 2015 4/9/2015 5:34:48 PM CHRISTOPHER A. PRINE Clerk
FIRST COURT OF APPEALS VIA ELECTRONIC FILING 301 Fannin Street Houston, Texas 77002-2066 ATTN: Christopher A. Prine
Re: Case No. 01-14-00899-CV; The State of Texas v. Titan Land Development, Inc. and Bauer-Hockley 550, L.P.; In the First Court of Appeals, Houston, Texas.
Dear Mr. Prine:
Oral argument was held in this case on April 8, 2015. At that time the Court indicated that the State could provide a letter with a case citation for the proposition that statutory provisions without penalties were directory rather than mandatory. Please distribute this post-submission letter to Justices Jennings, Higley and Huddle.
In Helena Chemical Company v. Wilkins, 47 S.W.3d 486 (Tex. 2001), the Supreme Court stated the following:
To determine whether a timing provision is mandatory, we first look to whether the statute contains a noncompliance penalty. If a provision requires that an act be performed within a certain time without any words restraining the act’s performance after that time, the timing provision is usually directory.
Id. at 495.
In addition, in further response to Justice Jennings’s question regarding other provisions with similar twenty-day deadlines, a comparable provision would be the civil suit answer deadline contained in Texas Rule of Civil Procedure 99(b).
Post Of fice Box 12548, Austin, Texas 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www.texasattorneygeneral.gov Mr. Prine April 9, 2015 Page 2
Sincerely,
/S/ Susan Desmarais Bonnen Susan Desmarais Bonnen Assistant Attorney General susan.bonnen@texasattorneygeneral.gov
SDB/lfs
cc: Charles McFarland via email: cmcfarland@mcfarlandpllc.com and E-Service
Post Of fice Box 12548, Austin, Texas 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www.texasattorneygeneral.gov
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State v. Titan Land Development Inc. and Bauer-Hockley 550, L.P. (State v. Titan Land Development Inc. and Bauer-Hockley 550, L.P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.