Texas 8th Court of Appeals

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 13, 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 12, 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.

Texas 8th Court of Appeals, Criminal, Evidence, Post-Conviction Relief

Johnson v. State — Post-Conviction DNA Retesting Denied Where Law-of-Parties Conviction Leaves Third-Party DNA Non-Exculpatory

automatic / June 12, 2026

The Eighth Court of Appeals affirmed denial of a second post-conviction DNA testing motion in a capital murder case, holding that Chapter 64 does not permit comparison of a DNA specimen to a specific named individual, and that third-party DNA on the murder weapon is not exculpatory where the defendant was convicted under a law-of-parties theory and substantial evidence of guilt exists independent of the DNA.