separation of powers on Texas Appeals Journalhttps://texasappeals.org/topics/separation-of-powers/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 05 Jan 2026 07:00:00 -0600Fifteenth Court of Appeals Affirms Temporary Injunction Against Attorney General’s Prosecutor-Reporting Rules as to Named Plaintiffs, Reverses It as to Nonpartieshttps://texasappeals.org/2026/01/paxton-v-garza-local-prosecutors/Mon, 05 Jan 2026 07:00:00 -0600https://texasappeals.org/2026/01/paxton-v-garza-local-prosecutors/The court held that Section 41.006 of the Government Code does not confer rulemaking authority on the Attorney General, so the suing prosecutors showed a probable right to relief against rules requiring reports from large-county district and county attorneys. It limited the injunction to the named plaintiffs and remanded.Court of Criminal Appeals, on Rehearing, Withdraws 2024 Opinion and Holds Ethics Commission Referral Is Not a Precondition to Election-Law Prosecutionhttps://texasappeals.org/2025/09/ex-parte-charette-rehearing/Mon, 08 Sep 2025 07:00:00 -0500https://texasappeals.org/2025/09/ex-parte-charette-rehearing/On the State’s motion for rehearing, the court withdrew its September 2024 opinion and affirmed the denial of pretrial habeas relief to a former judicial candidate. It held that neither the Texas Constitution nor Government Code Chapter 571 categorically bars a criminal prosecution for election-law offenses brought without a referral from the Texas Ethics Commission or exhaustion of its civil process, while reaffirming that the habeas claim was cognizable.Third Court of Appeals Dismisses Cities’ Challenge to Texas Regulatory Consistency Act for Lack of Standinghttps://texasappeals.org/2025/08/state-v-city-of-houston-hb-2127/Mon, 04 Aug 2025 07:00:00 -0500https://texasappeals.org/2025/08/state-v-city-of-houston-hb-2127/The court held that Houston, San Antonio and El Paso did not plead an injury-in-fact or an injury traceable to the State of Texas, reversed a trial-court judgment declaring House Bill 2127 unconstitutional, and dismissed the suit without prejudice. The court did not decide whether the Act is constitutional.Supreme Court of Texas Holds House Committee’s Subpoena Cannot Be Judicially Enforced to Cancel Roberson Executionhttps://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/Mon, 25 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/The court denied a Texas House committee’s petition, holding that the separation of powers does not permit judicial enforcement of a legislative subpoena that would require canceling a long-scheduled execution. The opinion states that the dispute has nothing to do with Robert Roberson’s guilt or innocence.