TLF Litigation

Current Litigation

The Texas Legal Foundation is currently engaged in two lawsuits involving issues of statewide importance.

In People for Efficient Transportation v. Perry, TLF represents a statewide grassroots organization that opposes Governor Perry's plan to privatize and toll public highways for the first time in United States history. Steve Smith, TLF general counsel, is the attorney-in-charge. The plaintiff's petition (pdf file) was filed in Travis County district court on October 5, 2005. The defendants' pleas to the jurisdiction, which sought dismissal of the entire case, were denied in January 2006. The governor's "accelerated appeal" of the district court's decision remains pending before the Third Court of Appeals in Austin. Until the court of appeals issues its opinion, no further action can be taken against the Governor in the district court.

In Hendee v. Dewhurst, TLF, in conjunction with well-known conservative attorney Gary Polland of Houston, represents taxpayers seeking to enforce the 1978 Texas Constitutional Amendment limiting the growth of state spending. The case has gone to the Texas Supreme Court three times. The third Texas Supreme Court review remains pending. In addition, the case is currently scheduled for trial in December 2008.

Recent Litigation

In Venable v. Williamson County, TLF successfully represented taxpayers seeking to enforce the longstanding statutory ban on taxpayer-funded legislative lobbying by county government organizations. David Rogers, TLF assistant general counsel, was the attorney-in-charge. The plaintiffs' petition (pdf file) was filed in Williamson County district court on July 15, 2005. The taxpayers prevailed at trial and the district court's decision was entered in February 2008. Neither side appealed and the district court's opinion and judgment enjoining future violations are now final.