Supreme Court of Texas addresses Fifteenth Court of Appeals' jurisdiction

The Supreme Court of Texas has recently addressed the Fifteenth Court of Appeals' jurisdiction in Baumgardner v. Brazos River Auth., Misc. Docket No. 24-9101 ___ S.W.3d ___, 2025 WL ___ (Tex. June 27, 2025) (per curiam).

This case concerned a motion to transfer and the question of whether appeals by or against a river authority fall within the exclusive intermediate appellate jurisdiction of the Fifteenth Court of Appeals.

A district court in McLennan County granted a permanent injunction in favor of Brazos River Authority against Sandom Baumgardner. On appeal, the Tenth Court of Appeals determined that the appeal was within the exclusive intermediate appellate jurisdiction of the Fifteenth Court of Appeals, and the appeal was transferred to the Fifteenth Court. Brazos River Authority moved to re-transfer the appeal to the Tenth Court.

Interestingly,

-- Fifteenth Court recommended that the case be re-transferred.

-- Tenth Court recommended that the case remain at the Fifteenth Court.

BUT the Supreme Court granted the motion to re-transfer the appeal to the Tenth Court

The Court explained that constitutional and statutory provisions governing river authorities are separate from those generally governing agencies within the executive branch. In other contexts, the Court has generally described river authorities as political subdivisions. As the Court addressed, Brazos River Authority’s geographically limited jurisdiction and potential taxing powers favored treating it as a political subdivision rather than an agency in the executive branch of the state government in this case.

For the Supreme Court's order, please see: 249101.pdf