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TEX. COMM. ON ENV'L QUALITY v. BRAZOS

No. 18-0128.

582 S.W.3d 277 (2019)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and Richard A. Hyde, P.E., Executive Director of the Texas Commission on Environmental Quality, Petitioners, v. BRAZOS VALLEY ENERGY, LLC; Hays Energy, LLC; Ennis Power Co., LLC; Midlothian Energy, LLC; Wise County Power Co., LLC; Freeport Energy Center, LLC; Freestone Power Generation, LLC; and Tenaska Gateway Partners, LTD, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: May 3, 2019.

Attorney(s) appearing for the Case

Whitney Louis Swift , Kevin Dow Collins , for Hays Energy, LLC, Midlothian Energy LLC, Ennis Power Co., LLC and Wise County Power Co., LLC, Respondents.

David B. Hodgins , Bradley Domangue , Jessica Witte , for Texas Association of School Boards Legal Assistance Fund, Amicus Curiae.

Edward Kliewer III , Thomas A. Countryman , for Tenaska Gateway Partners Ltd., Respondent.

Susan A. Kidwell , Elizabeth E. Mack , Geoffrey R. Polma , for Brazos Valley Energy, LLC, Freeport Energy Center, LLC and Freestone Power Generation, LLC, Respondents.

Robert Preisler, Jr. , for Harris County Appraisal District, Amicus Curiae.

Jessica Witte , David B. Hodgins , Bradley Domangue , for Texas Association of School Administrators, Amicus Curiae.

Amy Davis , Brantley David Starr , Daniel C. Wiseman , James Edward Davis , Priscilla M. Hubenak , Atty. Gen. W. Kenneth Paxton, Jr. , Jeffrey C. Mateer , for Richard A. Hyde, P.E., Executive Director of The Texas Commission on Environmental Quality, and Texas Commission on Environmental Quality, Petitioners.

At issue in this case is whether Texas Tax Code Section 11.31 gives the Texas Commission on Environmental Quality and its Executive Director discretion to deny an ad valorem tax exemption for heat recovery steam generators (HRSGs), devices the Legislature has deemed "pollution control property...

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