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Texas 8th Court of Appeals, Appellate Procedure, Constitutional, Municipal Law, Tax

City of El Paso v. Pickett — City’s “Environmental Franchise Fee” Was an Unlawful Tax, Eighth Court Holds

automatic / June 9, 2026

The Eighth Court of Appeals affirmed that El Paso’s monthly Environmental Franchise Fee—charged to all residential solid-waste customers and raised without cost studies to fund police and fire equipment—was an impermissible tax, not a legitimate regulatory fee, and that governmental immunity did not bar a refund because nonpayment was criminal.

Texas 8th Court of Appeals, Civil Procedure, Jurisdiction, Tax

Gonzalez v. City of El Paso — Texas Residents Cannot Use Special Appearance to Contest Defective Service; Misspelled Name Is a Curable Process Defect

automatic / June 10, 2026

The Eighth Court of Appeals held that Texas residents cannot file a special appearance under Rule 120a to contest defective service of process, because Texas courts have presumptive personal jurisdiction over all Texas residents. A misspelled name in a citation is a curable service defect, not a jurisdictional flaw, properly raised by a motion to quash — not a special appearance that risks constituting a general appearance.

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