Texans Uniting for Reform & Freedom v. Saenz

319 S.W.3d 914, 2010 Tex. App. LEXIS 6807, 2010 WL 3271554
CourtCourt of Appeals of Texas
DecidedAugust 20, 2010
Docket03-08-00475-CV
StatusPublished
Cited by22 cases

This text of 319 S.W.3d 914 (Texans Uniting for Reform & Freedom v. Saenz) 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
Texans Uniting for Reform & Freedom v. Saenz, 319 S.W.3d 914, 2010 Tex. App. LEXIS 6807, 2010 WL 3271554 (Tex. Ct. App. 2010).

Opinions

OPINION

BOB PEMBERTON, Justice.

Texans Uniting for Reform and Freedom (TURF) appeals a district court judgment dismissing, on a plea to the jurisdiction, its suit against appellees Amadeo Saenz, Jr., P.E., individually and in his official capacity as Executive Director of the Texas Department of Transportation; Coby Chase, individually and in his official capacity as Director of the Texas Department of Transportation Government and Public Affairs Division; the Texas Department of Transportation (TxDOT); and the Texas Transportation Commission (Commission). In two issues, TURF argues that the district court (1) erred in granting appellees’ plea and (2) abused its discretion in denying it a continuance and adjudicating appellees’ “merits-based” plea through preliminary proceedings rather than trial. For the reasons explained below, we will overrule these contentions and affirm the district court’s judgment.

BACKGROUND

Within the last decade, the Texas Legislature has enacted significant changes to the manner in which Texas’s transportation infrastructure is financed, constructed, and maintained. Among these enact-[917]*917merits have been legislation authorizing the Commission to designate a statewide system of highways, toll roads, and other modes of transportation facilities known as the “Trans-Texas Corridor” (TTC);1 empowering TxDOT to develop and operate TTC facilities either directly or through the participation of governmental or private entities (with private participation to be encouraged “[t]o the maximum extent practical and economical”);2 and expanding the agency’s power to toll both new and existing state highway infrastructure.3 However, as TxDOT and the Commission proceeded with steps to make these sorts of projects a reality, issues related to the tolling of new or existing roads and the TTC concept proved to be controversial.

Particularly controversial were TxDOT’s plans to build two TTC projects — TTC-35, which would run roughly parallel to current Interstate 35, and TTC-69, which would run roughly parallel to current U.S. Highway 59. Simply described, the planning process for each project included, among other steps, several rounds of public meetings or hearings to elicit public input concerning whether the project should be built in particular areas and the viability of alternative potential routes. The process would culminate in either a “no-build option” or a “tier one” environmental-impact statement concerning a several mile-wide “preferred corridor,” which would be submitted for approval by the Federal Highway Administration. Assuming the project proceeded through “tier one,” the process would essentially be repeated in a “tier 2” in which the environmental impact of specific routes and transportation facilities would be assessed.

As this process continued, in the latter half of 2006 TxDOT hired a marketing firm to provide creative services, media placement, and website development for what appellees term “a statewide public information effort to inform and educate the public about meeting Texas’ transportation needs.” In June 2007, an advertising campaign — with the slogan “Keep Texas Moving” — was launched, with television, radio, print, billboard, and internet advertisements that emphasized what were portrayed as the need for and benefits of toll projects and the TTC concept.4 While some advertising ran statewide, the campaign was focused on cities in or near the TTC-69 study area, and to some extent, major cities along the TTC-35 study area.

Also, in January 2007, TxDOT contracted with a public affairs consulting firm, the Rodman Company, to provide communications and outreach concerning the TTC to various specific audiences at the local, state, and federal levels, including local officials. Among the stated goals of Rod-man’s “Texas Outreach” work plan were “to identify highly targeted leadership audiences and communicate with them directly to improve their understanding of TxDOT’s goals and strategies, and increase support for TxDOT programs — particularly the Trans-Texas Corridor and tolling.” Rodman was also to provide “Federal Outreach” to “educate audiences about issues of importance to [TxDOT] and the successful implementation of TxDOT’s federal legislative agenda.” Rodman also assisted with planning and organizing for TxDOT a series of “town hall” meetings along the TTC-69 corridor.

[918]*918Appellant TURF describes itself as “a non-profit organization whose mission is to educate the public about the Texas government’s new shift to tolling using controversial financing called public-private partnerships^] • • • the tolling of existing corridors, ... the eminent domain abuse inherent in these claims (confiscating private land to give to a private company for commercial gain),” and the TTC. TURF adds that it is “a grassroots group of taxpaying Texans who are asking for reforms that require accountability and good public policy as well as promoting non-toll, sensible transportation solutions.” In September 2007, TURF’s founder and director, Terri Hall, filed an original petition seeking injunctive and declaratory relief to restrain, as illegal, TxDOT’s expenditures of public funds on the KTM campaign or “lobbying” of governmental units concerning toll roads or TTC projects. Named as defendants were TxDOT’s then-executive director and appellee Chase. The defendants responded with a plea to the jurisdiction asserting, among other grounds, sovereign immunity and lack of standing. Multiple rounds of amendments to the pleadings and pleas to the jurisdiction followed. Ultimately, TURF proceeded as the sole plaintiff, naming appellees Saenz, Chase, TxDOT, and the Commission as defendants.

A hearing on the defendants’ plea to the jurisdiction was initially set for October 18, 2007. On that day, the district court granted TURF a ninety-day continuance. The hearing was ultimately reset for March 20, 2008. During the interim, the parties conducted discovery, including depositions of Saenz, Chase, and other TxDOT employees. Both parties filed discovery products, affidavits, and other evidence in connection with the pending plea.

On the morning of March 20, 2008, prior to the hearing, TURF filed an amended petition (which also incorporated its evidence by reference) and another motion for continuance seeking additional time for discovery. The district court took the continuance motion under advisement and proceeded with the hearing. At the hearing’s conclusion, the court also took the plea under advisement. Approximately two weeks after the hearing, TURF moved to supplement the record with additional documents.

The district court ultimately granted both TURF’s motion to supplement the record and appellees’ plea to the jurisdiction. It rendered judgment dismissing TURF’s suit in its entirety. This appeal followed.

ANALYSIS

In two issues on appeal, TURF argues that the district court (1) erred in granting appellees’ plea to the jurisdiction and (2) abused its discretion in denying it a continuance and adjudicating, at the pretrial stage, appellees’ “merits-based” plea to the jurisdiction.

Standard and scope of review

A plea to the jurisdiction challenges a trial court’s authority to decide a case. See Texas Dep’t of Parks & Wildlife v. Miranda, 133 S,W.3d 217, 225-26 (Tex.2004). Analysis of whether this authority exists begins with the plaintiffs live pleadings. Id. at 226.

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Texans Uniting for Reform & Freedom v. Saenz
319 S.W.3d 914 (Court of Appeals of Texas, 2010)

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Bluebook (online)
319 S.W.3d 914, 2010 Tex. App. LEXIS 6807, 2010 WL 3271554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texans-uniting-for-reform-freedom-v-saenz-texapp-2010.