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City of Corpus Christi v. Commission on State Emergency Communications

Because the Legislature has not limited with unmistakable clarity the power of a home-rule city to withdraw from a regional plan, a city may so withdraw.

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Appellant, the city of Corpus Christi (“the City”), appeals from a district-court summary judgment in favor of appellees, the Commission on State Emergency Communications and Carey Spence, its Interim Executive Director *fn1 (together “the Commission”). The City sought a declaratory judgment that the Commission exceeded its authority under the health and safety code when it refused to allow the City to withdraw from a regional 911 emergency plan. See Tex. Health & Safety Code Ann. � 771.051 (West Supp. 2001). We will reverse the district court’s summary judgment and render judgment for the City.

FACTUAL AND PROCEDURAL BACKGROUND

In 1988 the City entered into an agreement with the Coastal Bend Council of Governments (“the Council”) to participate in a regional 911 emergency plan, which is part of the statewide 911 system administered by the Commission. Under the agreement, the Council would administer the regional 911 plan in the entire Coastal Bend Region, including the City, for five years with the agreement continuing thereafter from year to year unless either party chose to terminate the agreement. The City’s participation in such a plan is permitted by the health and safety code. See id. � 771.058(b).

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