City of Houston v. Houston Municipal Employees Pension System (Opinion)Annotate this Case
The Supreme Court agreed with the trial court that the City of Houston does not have governmental immunity from a suit by the Houston Municipal Employees Pension System.
This case arose from a dispute over the City of Houston’s creation of local government corporations to which the City transferred some of its employees. At issue was the adoption of resolutions by the Houston Municipal Employees Pension System’s Board of Trustees (Board) related to those employees, their status regarding the City’s pension fund, the correct interpretation of the governing statute. The Houston Municipal Employees Pension System (System) brought this suit seeking to enforce the City’s purported obligation to make contributions to the pension fund. The City filed a plea to the jurisdiction, arguing that governmental immunity barred the System’s claims. The trial court denied the City’s plea. The court of appeals reversed in part. The Supreme Court reversed in part the judgment of the court of appeals and directed that the City’s plea should be denied in full, holding (1) the employees at issue are “members” of the System; (2) the System’s ultra vires and mandamus claims are not barred; and (3) the System’s claims for information pursuant to the Texas Public Information Act are not barred.