Appellants have not shown a waiver of immunity provided the trial court with jurisdiction; thus, we affirm the trial court's order granting the Mayor's and the City's plea to the jurisdiction and/or counter-motion for summary judgment. Case Summary. Thus, appellants lacked standing, as taxpayers, to challenge Mayor Parker's legal actions at the time suit was filed. Moreover, RFRA has a statutory standing provision that does not apply to state ultra vires claims. See IT-Davy, 74 S.W.3d at 855 (the UDJA does not extend a trial court's jurisdiction, and a litigant's request for declaratory relief does not confer jurisdiction on a court or change a suit's underlying nature.). Houston Municipal Court. The Judge overseeing this case is DAWN ROGERS. Office of Harris County District Clerk - Marilyn Burgess | Search Our 2584.14. 2020) (citing Pidgeon for the proposition that where a question presents an important issue of first impression in this Court, we decline to address the question in the first instance and defer instead for the court of appeals to address it after full briefing and argument by the parties.); see also In re Occidental Chem. See 570 U.S. at 77475, 133 S.Ct. To assert an ultra vires claim under this approach, appellants had to plead and prove two elements: (1) authority giving the official some (but not absolute) discretion to act and (2) conduct outside of that authority. McRaven, 508 S.W.3d at 239. On 12/04/2018 Rogers filed a Civil Right - Employment Discrimination court case against City Of Houston in U.S. District Courts. Houston, TX 77002 1994)). Even at the time Mayor Parker issued her directive, it is undisputed that she consulted the city attorney, who interpreted Windsor to require the City to afford benefits to same-sex spouses. We review de novo the trial court's ruling on a plea to the jurisdiction. Private parties cannot circumvent governmental immunity by characterizing a suit for money damages as a claim for declaratory relief. Through a series of opinions following Windsor,15 the U.S. Supreme Court has made clear that the Due Process and Equal Protection Clauses require States to grant same-sex married couples the same legal rights, benefit, and responsibilities as different-sex married couples. Harris County Clerk's Office Jobs For more information contact the Public Records Department at 713-274-6390 or email ccoinfoFM@hccountyclerk.com. Alternatively, appellants lack standing as taxpayers to seek claw back of public funds already spent. applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions. Appellants assert ultra vires claims against Mayor Turner for violating Tex. LAURA GOOLSBY. be directed to the Court Clerks of the court you are assigned to. 2675, 186 L.Ed.2d 808 (2013) (citation omitted). The majority need not and should not include the obiter dicta contained in subsections c, d, e, and f of section IV. The U.S. Supreme Court in Windsor observed the fact that DOMA reject[ed] the long-established precept that the incidents, benefits, and obligations of marriage are uniform for all married couples within each State, though they may vary from one State to the next. 570 U.S. at 768, 133 S.Ct. Ticket Payments for pick-up from our office so that the attorney can present it to the Judge. If the trial court erred in dismissing the claims for lack of subject-matter jurisdiction, then the trial court had the power to adjudicate the merits, and only then should this court address the challenges to the grounds on which the trial court dismissed on the merits. Appellants' claims, therefore, do not fall into the ultra vires exception to governmental immunity. Civ. Indeed, appellants have not pleaded any imminent consequence that will flow from the City's continued provision of spousal benefits to same-sex spouses. b. Most documents are available to view online within minutes of being accepted. Appellants' contention that the State can refuse to provide same-sex couples the same benefits as different-sex couples based on its interest in furthering procreation and child-rearing was rejected in Obergefell. The case status is Pending - Other Pending. at 388. 1400 Lubbock Street Claims Cases, Justice See Heinrich, 284 S.W.3d at 37273. Court/County. 9. In its judgment, the majority affirms the trial court's order granting the Hybrid Motion. Harris County Clerk's Office FOLLOW US, Contact Us App.Houston [14th Dist.] Appellants' argument misstates the holding in Obergefell. We are still actively accepting mail and eFilings for the County Civil Courts through existing service providers. The Mission of the Municipal Courts Department is to provide an accessible legal forum for individuals to have their court matters heard in a fair and efficient manner, while providing a high level of integrity, professionalism . These confirmations will come through EFileTexas.gov or the EFSP. Application for Writ of Habeas Corpus(Criminal), Returning/filing search warrants (original copy), Filing documents related to a criminal case for, Filing Petitions for an Occupational/Restricted Drivers License for. v. Blue, 34 S.W.3d 547, 555 (Tex. Instead of preserving the status quo, the requested injunctive relief would dramatically disrupt the status quo, and provide appellants essentially all relief appellants would be entitled to if they prevailed on final judgment. Governmental immunity deprives a trial court of subject matter jurisdiction and is properly asserted in a plea to the jurisdiction. Occupational Drivers License Information, Harris County Civil Courts at Law - First Emergency Order 3/20/2020, Joint Statement Regarding Health and Safety Concerns - 3/11/2020, Joint Statement Regarding Jury Trials and Hearings - 3/11/2020, Inclement Weather Emergency and Public Health Scheduling Procedures - 3/16/2020, Supreme Court of Texas - First Emergency Order 3/13/2020, Harris County Civil Courts at Law - Second Emergency Order - 4/24/2020, Instructions for Video Hearings and Trials - 4/6/2020, Joint Statement on Eviction Extensions - CARES ACT - 6/11/2020. 2510, 125 L.Ed.2d 74 (1993) (explaining a decision extending the benefit of the judgment to the winning party is to be applied to other litigants whose cases were not final at the time of the first decision whether such event predate or postdate our announcement of the decision) (quotation and alteration omitted). App.Houston [14th Dist.] 7. 2584 (Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser The marriage laws at issue here thus harm and humiliate the children of same-sex couples.); see also Windsor, 570 U.S. at 773, 133 S.Ct. A clerk also attends each court docket in support of the court. 2014) (Garcia, J. The Judge overseeing this case is George C Hanks, Jr. See Harper v. Va. Dep't of Taxation, 509 U.S. 86, 9697, 113 S.Ct. Contact Laura Goolsby . is not responsible for the content nor endorses any site which has a link 2000). A suit brought against an employee in his official capacity actually seeks to impose liability against the governmental unit rather than on the individual specifically named and is, in all respects other than name, a suit against the entity. See Tex. Appellants filed a petition for review with the Texas Supreme Court, which was granted. 1 Concluding that the trial court has jurisdiction over this lawsuit, we affirm. Eviction Appeal Bond (Surety) The City of Houston Municipal Courts accepts payments in cash, check, money order, ATM debit card, and credit card (American Express, Visa, MasterCard and Discover). If the document is accepted for filing by the County Clerk, the filer will receive a confirmation page that the document has been accepted. 2017). relative to the law governing procedures for eviction cases in the Harris In 2005, after approval by the Texas Legislature and Texas voters, Article I of the Texas Constitution was revised to include the following amendments under Section 32: (a) Marriage in this state shall consist only of the union of one man and one woman. Appellants' arguments are merely attempting to relitigate that which has been foreclosed by Obergefell and subsequent U.S. Supreme Court cases that we are bound to follow.16, 3. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. How do you handle emergency filings such as TROs? To speak with a Municipal Courts representative, please dial 3-1-1 or 713.837.0311, if outside Houston city limits. support to address all general child support concerns. You are urged to review the applicable laws and to consult an attorney Thus, there is no waiver of governmental immunity on this basis. Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628, 63335 (Tex. www.EFileTexas.gov The religious liberty protections Obergefell and DeLeon reinforce the safeguard against compelling taxpayers to fund same sex relationships, V. Defendants miss the point by arguing about access and recognition rather than addressing the exact statute that protects taxpayers, VI. You are urged to review the All checks and money orders must be made payable in United States currency. As set forth, supra, an ultra vires claim cannot be asserted against a governmental entity but must instead be brought against a government official or employee of a governmental entity. Less than a week after Fox News agreed to pay $787.5 million to settle the Dominion lawsuit, the network has abruptly fired Tucker Carlson an anchor at the center of the case. At that time, a section of the federal DOMA had been struck down by Windsor. Occupational License during the period of suspension in the State of Texas. Additionally, although not binding, but offering persuasive authority, the State of Texas was appealing an injunction enjoining the State from enforcing Article I, Section 32 of the Texas Constitution, any related provisions in the Texas Family Code, and any other laws or regulations prohibiting a person from marrying another person of the same sex or recognizing same-sex marriage. DeLeon v. Perry, 975 F. Supp.2d 632, 666 (W.D. Moreover, the UDJA does not confer jurisdiction where none exists. art. Stay up-to-date with how the law affects your life. We're sorry for the inconvenience but Javascript is required Create a Website Account - Manage notification subscriptions, save form progress and more. You further agree not to use the information provided for any unlawful purposes and you understand that we cannot confirm that information provided below is accurate or complete. Because an ultra vires suit is, for all practical purposes, a suit against the governmental entity, relief is limited. See, e.g., https://www.ers.texas.gov/PDFs/Dependent-eligibility-chart (accessed March 29, 2021). This is a comprehensive report on the work of the HCDCO, led by District Clerk Marilyn Burgess, and the services we have provided to the public and the legal community for the past two years. to view the Web site. Media Requests * A late filing drop box is located on the outside wall (to the left of the front entrance) of the County Civil Courthouse Building. Houston, TX 77002 See In re Dow, 481 S.W.3d 215, 220 (Tex. 2002). and approves supersedeas bonds. On 11/23/2021 Graham filed a Civil Right - Employment Discrimination lawsuit against City of Houston, Texas. Baker v. Nelson, 291 Minn. 310, 313, 191 N.W.2d 185, 187 (1971), appeal dismissed, 409 U.S. 810, 93 S.Ct. The Judge overseeing this case is MICHAEL LANDRUM. Due to the COVID-19 concerns, please see the County Civil list drop down for Emergency Court Information. On 12/20/2019 MUNOZ, JENNIFER filed a Personal Injury - Motor Vehicle lawsuit against CITY OF HOUSTON. You have the right to a trial by a jury and to be represented App.Houston [14th Dist.] In 2013, after a decision of the U.S. Supreme Court invalidated part of the federal Defense of Marriage Act (DOMA),1 the then-Houston Mayor Annise Parker (Mayor Parker), on advice from the city attorney,2 on November 19, 2013, direct[ed] that same-sex spouses of employees who have been legally married in another jurisdiction be afforded the same benefits as spouses of a heterosexual marriage.3. But, if Mayor Parker had the authority and discretion to determine whether federal law requires the City to afford same-sex spouses of City employees the same benefits as opposite-sex spouses, the exercise of this authority and discretion cannot be an ultra vires act, even if Mayor Parker made the wrong determination. Appellants' issues I, II, III, IV, V, and VI are overruled. Learn more about posting a bond, bond forfeitures, cash bond refunds, and the Bail Bond Board here. The Municipal Court is responsible for processing and maintaining accurate records of citations, including all traffic violations and other misdemeanor or criminal charges filed by the South Houston Police Department, Code Enforcement Officer, Fire Marshal, Humane Officer and any complaints filed by citizens, that are alleged to have occurred within the territorial limits of the City of South Houston. Res. App.Houston [14th Dist.] Finally, to the extent that appellants suggest that their interest in religious liberty weighs heavily against treating same-sex and different-sex couples the same, appellants' contention is foreclosed. Their demand for a claw back remedy was, therefore, properly dismissed. Marilyn Burgess, Harris County District Clerk