Sunday Edition June 1 – June 7, 2026 Atlantic hurricane season opens
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PGRR 145

Batch Zero clears the board

Last week's edition tracked the Fifth Circuit's SB 4 stay and a May 29 burst of Supreme Court of Texas orders. This week's arc is regulatory: ERCOT's board recommended approval of the transitional large-load cluster study on June 2, sending PGRR 145 to the Public Utility Commission while data-center and energy counsel count down to a July 24 declaration deadline — all as hurricane season opens along the Gulf Coast.

Board vote
PASSED
Target effective
Jul 11
PUCT next
Jun 18
Energy law · ERCOT governance · PGRR 145

The governance pipeline for Batch Zero

PGRR 145 creates a one-time transitional batch study for very large loads — chiefly data centers above 75 MW — shifting ERCOT from individual interconnection studies to collective evaluation. The board's June 2 motion recommended approval with a July 11, 2026 effective date for Batch Zero and the WLPUN process; PCLR provisions take effect upon system implementation. All outcomes remain provisional until PUCT sign-off.

ROS
May 7 — urgent status granted
TAC
May 19 — unanimous
Board
June 2 — recommended
PUCT
June 18 — consideration
Form W
July 24 — declarations due
RTO Insider — ERCOT board endorses Batch Zero rule changes (June 4, 2026) PUCT — open meeting calendar (June 18, 2026 agenda)

Batch Zero is necessary as ERCOT intends to transition the large load interconnection process from an individual study-based approach to a batch study-based approach that allocates available transmission capacity for studied and committed large loads.

ERCOT statement · reported by Houston Public Media · June 2, 2026

Regulatory shift · large-load interconnection

Studying the backlog at scale

0
GW in queue

RTO Insider reported CEO Pablo Vegas told the board the Batch Zero framework could study as much as 100 GW of large-load interconnection requests — a volume that has no analogue in other ISO/RTO regions. The process pairs with PUCT Project No. 58481's proposed 16 TAC § 25.194 large-load interconnection standard implementing SB 6 (89th Leg., R.S.), which imposes front-loaded site control, study fees, and financial security requirements.

DLA Piper — PUCT proposed rule under Project 58481 (March 2026) Texas House interim handout — SB 6 implementation timeline (PDF)
Supreme Court of Texas · mandamus · No. 24-1034

In re Home Depot U.S.A. — stay lifted June 6

In a quiet procedural development this week, the Court lifted the stay order it had issued in the Home Depot mandamus proceeding. Justice Devine's May 15 opinion conditionally granted mandamus relief from the Fourteenth Court of Appeals in a Harris County case (14-24-00864-CV); the June 6 order dissolves the temporary stay that had paused effect of that relief while related motions were pending.

No. 24-1034 · In re Home Depot U.S.A., Inc. · Harris County

Practitioners tracking interlocutory mandamus in complex commercial litigation should note the docket's movement — the conditional grant from May remains in force, but the stay that suspended its immediate effect is now lifted per the Court's June 6 orders sheet.

TJB — May 15, 2026 orders (In re Home Depot U.S.A., Inc.)
Court of Appeals · June 3, 2026 · Tyler · No. 12-24-00322-CV

Brookshire and the limits of Rule 34.6(c)

Texas Rule of Appellate Procedure 34.6(c) creates a presumption that missing portions of the record support the trial court's judgment when the record is incomplete. The Tyler Court held that presumption does not apply when the appellant ordered the complete reporter's record and admitted audio/video exhibits were included — even if the court reporter failed to timestamp which clips were played at trial.

Appellee argument

Without timestamped transcripts of specific clips played from admitted exhibits, the record is "incomplete" and the presumption requires affirmance.

Tyler COA holding

Complete reporter's record requested; exhibits admitted in full — presumption does not apply; merits review proceeds on the record as filed.

Thomas J. Daley — In re Marriage of Brookshire summary (June 4, 2026)
Tort law · Fourteenth Court of Appeals · June 4, 2026

Ortega v. Washington — no duty to control a distant driver

The Fourteenth Court affirmed dismissal of a wrongful-death suit against a woman who allegedly distracted a truck driver via an explicit phone call moments before a fatal I-45 collision. Plaintiffs argued remote participation made her a proximate cause; the court held Texas law imposes no duty on a remote cellphone caller to control the conduct of a vehicle operator.

Plaintiffs' theory

Remote caller knew or should have known the recipient was driving an eighteen-wheeler; phone or video contact was a proximate cause of the rollover fatality.

Court's holding

No recognized duty of a remote caller to the general public to control a call recipient operating a vehicle — judgment affirmed.

CDLLife — Fourteenth COA affirms dismissal (June 5, 2026)
Criminal justice · Art. 11.073 junk-science law · Anderson County

Roberson — the Roark precedent road

Following the Court of Criminal Appeals' October 2025 stay, 114th District Judge Austin Reeve Jackson has been weighing whether Robert Roberson — on death row since 2003 for a shaken-baby-syndrome conviction — is entitled to an evidentiary hearing under Texas' junk-science statute. Both sides submitted written arguments applying Ex parte Roark, in which the CCA granted relief when evolved scientific evidence would more likely than not have changed the conviction. A tentative evidentiary hearing window opens mid-June.

Oct. 9, 2025

CCA grants stay of execution; remands to Anderson County trial court for junk-science review.

May 29, 2026

Judge Jackson scheduled to review written arguments on whether Roark precedent warrants an evidentiary hearing.

Mid-June 2026

Tentative evidentiary hearing on whether evolved medical evidence undermines the 2003 conviction; CCA retains final say on any new trial.

CBS19 — Jackson reviews Roark arguments (May 2026) TCADP — Roberson hearing timeline (January 2026 newsletter)
Disaster law · June 1, 2026 · Atlantic hurricane season

Coastal counsel and the season opener

June 1 marks the official start of Atlantic hurricane season. TDEM recognized Hurricane Preparedness Week in late May, and Governor Abbott's office continues renewing standing disaster proclamations for drought, flooding, fire weather, and severe storms. Separately, the SBA amended Disaster Declaration TX-20081 on June 4 to add Hidalgo and Willacy counties to federal assistance for April 24–May 1 severe storms and tornadoes.

Local government

Review emergency-management interlocal agreements and debris-removal contracts before peak storm activity.

Insurance counsel

Policyholders in newly designated SBA counties should track amendment deadlines for business disaster loans.

Energy & utilities

Coastal generation and transmission projects face overlapping hurricane-prep and Batch Zero declaration timelines.

TDEM — Hurricane Preparedness Week proclamation (May 2026) Federal Register — SBA disaster amendment TX-20081 (June 4, 2026)
Election law · Attorney General succession

Middleton and Johnson set the November AG field

With Ken Paxton winning the GOP U.S. Senate nomination and campaigning on a wave of consumer-privacy suits against major tech platforms, the open attorney general race now features state Sens. Mayes Middleton (R-Galveston) and Nathan Johnson (D-Dallas) — both advanced through May 26 runoffs. Middleton defeated U.S. Rep. Chip Roy 55.2% to 44.8% per unofficial totals; Johnson beat former Galveston Mayor Joe Jaworski on the Democratic side.

Middleton
55.2%
Roy
44.8%
Texas Tribune — Middleton defeats Roy in GOP AG runoff (May 26, 2026) Texas Tribune — Paxton's tech litigation and Senate campaign (June 3, 2026)
Court of Appeals · May 29, 2026 · Tyler · mandamus

In re Snyder — the record you omit is the relief you lose

No. 12-26-00132-CV · Nacogdoches County · Rule 52.7(a)

The Tyler Court denied mandamus relief challenging denial of a special appearance because the relator failed to provide a properly authenticated transcript of all relevant testimony from the underlying hearing. Where the omitted February 9 hearing portion bore on the challenged ruling, the court could not determine abuse of discretion — a procedural reminder that mandamus records must be complete, not curated.

Thomas J. Daley — In re Snyder summary (May 30, 2026)
Appellate procedure · Fort Worth COA · May 28, 2026

Varughese — restricted appeal jurisdiction

DISMISSED

The Fort Worth Court dismissed a husband's attempted restricted appeal from a Tarrant County divorce decree because he both participated in the hearing that produced the judgment and timely filed a motion for new trial — either defect alone defeats Rule 30 jurisdiction under Ex parte E.H.

Thomas J. Daley — Varughese v. Varughese (May 29, 2026)
The week ahead · June 8–14, 2026

What Texas lawyers should watch next

Jun 15
Roberson — tentative evidentiary hearing

Anderson County trial court may hear junk-science evidence applying Ex parte Roark; capital defense and prosecution bars should monitor any scheduling order from Judge Jackson.

Jun 18
PUCT open meeting — PGRR 145

Commissioners consider ERCOT's Batch Zero recommendation; energy regulatory counsel should track any amendments to the July 11 effective date or Form W requirements.

Jun 19
Juneteenth — state holiday

Texas courts and state offices observe the holiday; filing deadlines may shift — verify local court orders and e-filing calendars.

Jul 11
Batch Zero target effective date

If PUCT-approved, large-load interconnection shifts to collective study; declarations of intent (Form W) due July 24.

Fri
Supreme Court of Texas — opinion day

June remains within the annual civil term; no June opinions had posted as of June 7 — expect hand-downs as the term winds toward summer recess.

Late Jul
Texas Bar Exam

July examination period approaches; Board of Law Examiners deadlines and character-and-fitness updates affect applicants sitting for Texas licensure.

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