HOUSTON – A contested enforcement action over a Texas Water Code violation has been remanded back to the trial court that granted a county governmental immunity.
On appeal, the Texas Commission on Environmental Quality argued that governmental immunity did not apply to Harrison County in the case.
The 14th Court of Appeals reversed and remanded the case on July 30, finding the trial court erred in dismissing TCEQ’s decision.
Harrison County owns and operates underground storage tanks at its road and bridge department and at its airport. A TCEQ investigator found the county had not provided release detection for the pressurized piping associated with the tanks, in violation of Texas Water Code.
The county contested the enforcement action, but an administrative law judge signed an order denying the county’s plea to the jurisdiction, court records show.
A petition for review was then filed and a district court determined the county enjoyed governmental immunity and that the Water Code did not clearly waive immunity.
Case No. 14-18-00628