In this case, we decide whether the Solid Waste Disposal Act, Texas Health
&
Safety Code § 361.321, and the Administrative Procedure Act, Texas Government Code § 2001.176, require a party appealing a Texas Natural Resource Conservation Commission (TNRCC) order under the Solid Waste Disposal Act to serve citation on each party of record to the administrative proceeding. The trial court concluded that because respondents, Sierra Club and Downwinders at Risk, did not serve citation on each party of record, they failed to meet the statutory prerequisites to suit. The trial court therefore dismissed the appeal for want of subject-matter jurisdiction. Although the court of appeals agreed that the applicable statutes require citation on all parties, it reversed and remanded, concluding that the respondents’ failure to comply with the statutory prerequisites does not implicate subject-matter jurisdiction.
TXI Operations, L.P., applied to the TNRCC for a permit to burn solid waste in its Midlothian cement kilns. Following a contested-case hearing in which Sierra Club, Downwinders at Risk, TNRCC’s public interest counsel, and seven individuals also participated, the TNRCC granted the permit. Sierra Club and Downwinders at Risk (Sierra Club) then filed a petition for judicial review in district court, naming the TNRCC as the sole defendant. Sierra Club served the TNRCC with citation and mailed copies of the petition to the attorneys or representatives of TXI and the other parties.
The TNRCC filed a plea to the jurisdiction, contending that the Solid Waste Disposal Act § 361.321(c) and the APA § 2001.176(b)(2) required Sierra Club to serve a copy of the petition and citation on all parties to the agency proceeding. According to the TNRCC, because Sierra Club did not satisfy these statutory prerequisites, the trial court lacked jurisdiction. The trial court agreed, granted the TNRCC’s plea to the jurisdiction, and dismissed the case for want of subject-matter jurisdiction. The court of appeals reversed and remanded, concluding that Sierra Club’s failure to meet the statutory prerequisites is not a defect that affects the court’s subject-matter jurisdiction under this Court’s recent holding in
Dubai Petroleum, Co. v. Kazi,
Sierra Club disputes the TNRCC’s decision approving TXI’s permitting application under the Solid Waste Disposal Act. An agency’s enabling legislation determines the proper procedures for obtaining judicial review of an agency decision.
Grounds v. Tolar Indep. Sch. Dist.,
(a) A person affected by a ruling, order, decision, or other act of the commission may appeal the action by filing a petition in a district court of Travis County.
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(c) Except as provided by Section 361.322(a)[not applicable here], the petition must be filed not later than the 30th day after the date of the ruling, order, decision, or other act of the governmental entity whose action is appealed. Service of citation must be accomplished not later than the 30th day after the date on which the petition is filed.
Tex. Health & Safety Code § 361.321. The APA imposes additional requirements on those affected by agency decisions. Tex. Gov’t Code §§ 2001.171-.178. Thus any Solid Waste Disposal Act requirements must be read in conjunction with the APA provisions governing judicial review of contested cases.
See Grounds,
(b) Unless otherwise provided by statute:
(1) the petition must be filed in a Travis County district court;
(2) a copy of the petition must be served on the state agency and each party of record in the proceedings before the agency; and
(3) the filing of the petition vacates a state agency decision for which trial de novo is the manner of review authorized by law but does not affect the enforcement of an agency decision for which another manner of review is authorized.
Tex. Gov’t Code § 2001.176(b). By its express terms, these requirements apply only if not “otherwise provided by statute.”
Id.
Consequently, in deciding whether Sierra Club complied with the judicial-review prerequisites in this case, we must first look to the Solid Waste Disposal Act. To the extent that the APA conflicts with the Solid Waste Disposal Act, the Solid Waste Disposal Act controls. But when there is no conflict, we give effect to both.
See Grounds,
The TNRCC argues that “[s]ervice of citation must be accomplished not later than the 30th day after the date on which the petition is filed” under the Solid Waste Disposal Act, but because the Act does not state upon whom citation is to be served, we must look to the APA, which states that “a copy of the petition must be served on the state agency and each party of record in the proceedings before the agency.” See Tex. Health & Safety Code § 361.321(c); Tex. Gov’t Code § 2001.176(b)(2). Giving effect to both statutes, the TNRCC contends, leads to the conclusion that Sierra Club was required to serve citation on the TNRCC and all parties of record.
Sierra Club responds that APA § 2001.176 requires service of the petition-*not citation — on the TNRCC and each party of record, and that the Solid Waste Disposal Act required it to serve citation only upon the TNRCC. Sierra Club also argues that requiring service of citation upon parties who are not defendants to the contested-case hearing is inconsistent with Texas Rule of Civil Procedure 99, which states that citation is directed to a defendant. Finally, Sierra Club argues that the clear purpose of section 2001.176 is to provide participants in the contested-case proceeding with notice so that they may intervene in the court proceeding and that serving a copy of the petition on those parties accomplishes this purpose.
Under the Solid Waste Disposal Act, the TNRCC, whose ruling is to be appealed under section 361.321, is the proper defendant. The Act establishes a regulatory scheme “to safeguard the health, welfare, and physical property of the people and to protect the environment by controlling the management of solid waste.” Tex. Health & Safety Code § 361.002(a). Under the specific statutory powers and duties granted to it, the TNRCC regulates various aspects of solid-waste management.
Id.
§§ 361.011-.754.
Although the Solid Waste Disposal Act requires service of citation on the TNRCC, it does not require service of citation on all parties of record to the agency proceedings. Nor does section 361.321 or any other provision in the Solid Waste Disposal Act require a party appealing a TNRCC action in this context to join all other parties of record as defendants. Similarly, the APA does not require serving citation on all parties of record. APA § 2001.176 states that “a copy of the petition must be served on the state agency and each party of record in the proceedings before the agency.” Tex. Gov’t Code § 2001.176(b)(2). Thus unlike the citation requirement it imposed in the Solid Waste Disposal Act, the Legislature chose to require only service of a “copy of the petition” in the APA — not “service of citation.” Id.; See Model State Admin. PROCEDURE Act § 5-110 cmt. (1981)(explaining that service upon the agency is different from notification to all other parties to any agency adjudicative proceedings).
In sum, although Solid Waste Disposal Act § 361.321(c) dictates that citation be served on the TNRCC, it is silent about serving the other parties of record. APA § 2001.176(b)(2) conflicts with Solid Waste Disposal Act § 361.321(c) as to the service requirements that apply to the TNRCC, but not as to the parties of record. Therefore, the Solid Waste Disposal Act controls as to the TNRCC and requires citation, while the APA controls as to the other parties of record and requires service of a copy of the petition — not citation — on those parties. We disapprove of
Employees’ Retirement System of Texas v. McKillip,
Sierra Club timely served the TNRCC with citation and mailed copies of the petition to the attorneys or representatives of TXI and the other parties. Accordingly, Sierra Club complied with the applicable statutes as to not only the TNRCC, but also each party of record, and the trial court should not have dismissed this case for want of jurisdiction. Because we conclude that Sierra Club complied with the statutory service requirements, we need
