in Re Robert Brown III ( 2014 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-14-00696-CV
    In re Robert Brown III
    ORIGINAL PROCEEDING FROM TRAVIS COUNTY
    MEMORANDUM OPINION
    Relator, Robert Brown III, an inmate in the Texas Department of Criminal Justice, has
    filed an original petition for writ of mandamus asking this Court to compel the Texas Department
    of Family and Protective Services to comply with a request he made under the Texas Public
    Information Act (TPIA).1
    This Court has no original mandamus jurisdiction under the TPIA. Instead, the
    Legislature has vested jurisdiction for Brown’s claim in the district courts of Travis County.2
    Accordingly, we deny Brown’s petition for writ of mandamus.3
    1
    See Tex. Gov’t Code §§ 552.001-.353.
    2
    See 
    id. § 552.321(b)
    (“A suit filed by a requestor [seeking mandamus relief under the
    TPIA] must be filed in a district court for the county in which the main offices of the governmental
    body are located.”); In re Turner, 
    998 S.W.2d 935
    , 935 (Tex. App.—Houston [1st Dist.] 1999,
    orig. proceeding) (per curiam) (holding court of appeals lacked original mandamus jurisdiction
    under the TPIA); Garner v. Gately, 
    909 S.W.2d 61
    , 62 (Tex. App.—Waco 1995, orig. proceeding)
    (per curiam) (same).
    3
    See Tex R. App. P. 52.8(a).
    __________________________________________
    Bob Pemberton, Justice
    Before Justices Puryear, Pemberton, and Field
    Filed: November 7, 2014
    2
    

Document Info

Docket Number: 03-14-00696-CV

Filed Date: 11/7/2014

Precedential Status: Precedential

Modified Date: 9/17/2015