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· 2/25/2010

Texas Department of Public Safety v. Salazar

Citations

  • 304 S.W.3d 896
  • 2009 WL 5149938

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that “there is no general right to sue a state agency for a declaration of rights” in light of limited scope of UDJA’s immunity waiver
  • declining to address ultra vires jurisdiction because it would “decide disputes regarding [the state actors’] statutory authority that also underlie [plaintiffs’] section 2001.038 rule challenge and comprise the merits of that claim.”
  • “[a]gency statements that ‘have no effect on private persons’ are not considered rules”
  • where plaintiffs asserted valid APA rulemaking challenge under Section 2001.038, court need not determine whether plaintiffs properly alleged ultra vires claims because trial court’s subject-matter jurisdiction was established by APA rulemaking challenge
  • \[a]gency statements that 'have no effect on private persons' are not considered rules\
  • “[a]gency statements that ‘have no effect on private persons’ are not considered rules”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Waldrop, Henson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.