Sunday Edition May 18 – May 24, 2026 Memorial week · term still issuing

In re Greystar
and the
supersedeas cap

Last week’s live edition here focused on the Court’s May 8 civil hand-down and a separate cluster of Attorney General enforcement threads. This canvas tracks what actually moved afterward: a sharply split Friday read of TEX. CIV. PRAC. & REM. CODE Chapter 52 alongside a mandamus posture involving the Attorney General and Austin’s transit partnership, plus May 15 releases on minerals jurisdiction and Rule 91a — then the OAG’s parallel tech and higher-ed filings that hit the statewide newswires the same cycle.

Scroll for May 22 and May 15 releases, enforcement lanes, and the forward calendar.

Supreme Court of Texas · May 22, 2026 · original proceeding styled mandamus

Ken Paxton and the
City of Austin’s transit partnership

The Judicial Branch index lists Ken Paxton, Attorney General of Texas v. The City of Austin and Austin Transit Partnership Local Government Corporation out of Travis County with Fifteenth Court of Appeals styling. The Court’s disposition line states it treated the petition for review as a petition for writ of mandamus and conditionally granted the writ — a procedural posture appellate counsel watch closely because it forces immediate trial-court attention rather than a conventional merits remand alone.

Transportation authorities, bond counsel, and municipal lawyers should pair Chief Justice Blacklock’s slip opinion with the partnership’s governing instruments and any concurrent state oversight of project finance.

Texas Judicial Branch — Supreme Court orders & opinions for May 22, 2026 Texas Judicial Branch — case summaries PDF (May 22, 2026) Texas Judicial Branch — slip opinion PDF (No. 24-1078)
May 22 — hand-down strip (snap-scroll)
No. 24-0045 · K&K Inez Properties v. Kolle No. 24-0213 · Boerschig v. Rio Grande Electric No. 24-0293 · In re Greystar No. 24-1078 · Paxton v. Austin / ATP No. 24-1078 · mandamus · Travis County

The index page clusters these releases with other per curiam and juvenile-calendar entries — practitioners should still open the specific PDF for any caption that matches an active client file.

Texas Judicial Branch — May 22, 2026 index
Supreme Court of Texas · No. 24-0213 · electric cooperative

Boerschig and Rio Grande
Electric Cooperative

Justice Busby’s lead opinion in John P. Boerschig v. Rio Grande Electric Cooperative, Inc. draws four additional votes for the Court; Justice Hawkins concurs, while Justice Bland dissents with three others — signaling a fractured rationale practitioners must read in the slip PDF before advising on rural distribution infrastructure and trial-court dispositions out of Kinney County.

Fourth Court of Appeals

Prior styling on the Judicial Branch index shows the Fourth District as the intermediate court — confirm the mandate line in the May 22 release for what remains for trial-court compliance.

May 22, 2026

The Court reverses the court of appeals in part, renders in part, and remands — the precise division matters for cooperative counsel pairing state regulatory filings with any remaining nuisance or easement claims.

Texas Judicial Branch — majority slip PDF (No. 24-0213) Texas Judicial Branch — concurring slip PDF (No. 24-0213) Texas Judicial Branch — dissenting slip PDF (No. 24-0213)
Supreme Court of Texas · No. 24-0045 · Victoria County boundary work

K&K Inez Properties and the
Kolle partition posture

Justice Huddle’s opinion for the Court reverses the Thirteenth Court of Appeals in part and remands — a rural land-law bookmark for title lawyers even if the underlying facts stay hyper-local to Victoria County.

Trial layer

County courts at law and statutory partition dockets often accumulate overlapping survey, heirship, and contract claims — the Supreme Court’s May 22 release is the controlling statewide law layer on the issues actually decided below.

Appellate takeaway

Pair the slip opinion with the Thirteenth Court’s prior disposition to see which issues are open on remand and which findings survive intact.

Texas Judicial Branch — slip opinion PDF (No. 24-0045)
Supreme Court of Texas · No. 24-0438 · May 15, 2026 · minerals / jurisdiction

Braxton Minerals III and
out-of-state property suits

Chief Justice Blacklock’s unanimous opinion reverses the Second Court of Appeals and remands — a decision practitioners summarize as clarifying when Texas courts may hear contract-heavy disputes even when related real property sits beyond state lines, displacing certain “gist of the action” dismissals intermediate courts had used.

“The Court instead clarified that, under the appropriate framework, Texas courts can have jurisdictional authority to compel specific performance of contractual or deed reformation matters and adjudicate contractual real estate ownership disputes, regardless of whether the underlying property in dispute is located out of state.”

National Law Review — summary of Braxton Minerals III, LLC v. Bauer (May 15, 2026)
Texas Judicial Branch — slip opinion PDF (No. 24-0438) National Law Review — analysis of extraterritorial property jurisdiction decision Texas Judicial Branch — May 15, 2026 index
Supreme Court of Texas · No. 25-0317 · Rule 91a · original proceeding

In re Home Depot and
early dispositive motions

Justice Devine’s opinion conditionally grants mandamus — reinforcing that when pleadings expose a claim that cannot survive as a matter of law, Rule 91a remains a front-loaded exit ramp rather than a slow-burn discovery tax.

PleadingsNegligence theories must allege facts supporting a cognizable duty.
Rule 91aCourts should decide dispositive legal issues raised by the petition’s face when appropriate.
MandamusConditional grant directs the trial court to dismiss claims the Court identifies as legally insufficient.
Texas Judicial Branch — slip opinion PDF (No. 25-0317) Gibson Dunn — client alert on Rule 91a and related May 2026 releases
Supreme Court of Texas · No. 25-0350 · consumer finance

Toyo Finance v. Leo

Justice Busby’s May 15 opinion reverses the Fourteenth Court of Appeals, renders in part, and remands — a Harris County consumer-finance marker for auto lenders and bankruptcy crossover counsel who track certificate-of-title disputes.

Retail installment lenders Title perfection counsel Consumer chapter filers Fourteenth Court watchers
Texas Judicial Branch — slip opinion PDF (No. 25-0350) Texas Judicial Branch — case summaries PDF (May 15, 2026)
Office of the Attorney General · consumer privacy · May 2026

Meta, WhatsApp, and
TEX. BUS. & COM. CODE Ch. 17

The Office of the Attorney General filed suit alleging WhatsApp’s end-to-end encryption marketing does not match investigative reporting on employee access and message handling — claims are pleaded under the Texas Deceptive Trade Practices Act alongside the office’s broader data-privacy enforcement streak.

Market-facing claim

Consumers are told only senders and recipients can read message content — a representation the State argues is material to Texans choosing the app for sensitive communications.

Enforcement lens

Counsel should read the petition’s factual predicates rather than inferring holdings — no Texas court has entered final injunctive language in this file as of the generation date below.

Office of the Texas Attorney General — Meta / WhatsApp lawsuit release The Texas Tribune — reporting on the WhatsApp filing
Office of the Attorney General · minors · digital services

Discord and the
SCOPE Act toolkit

The State’s petition asks a Collin County district court for structural remedies — including defaulting safety settings to maximum for new Texas accounts and age verification aligned with the Securing Children Online through Parental Empowerment Act — while separately pleading deceptive-trade theories.

Practitioner note: Parts of the SCOPE Act remain in constitutional litigation in other files. This edition simply flags that the Attorney General is actively pleading surviving provisions as enforcement hooks — compliance counsel should map which statutory sections the petition actually invokes.

Office of the Texas Attorney General — Discord lawsuit release The Texas Tribune — Collin County filing coverage
Higher education authority · branding · civil penalties

TexAM, the Coordinating Board,
and the A&M System letters

Within days, the Texas Higher Education Coordinating Board publicly demanded cessation of unapproved degree marketing, the Texas A&M University System challenged confusingly similar branding, and the Attorney General sought seven-figure DTPA penalties — a tri-stack that shows how quickly Texas postsecondary enforcement can move when an entity lacks a certificate of authority.

THECB

Public cease-and-desist materials directed at “Texas American Muslim University at Dallas” and related protected terms.

TAMU System

Separate trademark pressure on names and marks that could imply an affiliation with College Station’s flagship.

OAG litigation

Civil petition seeking injunctive relief and penalties under the DTPA and Texas Education Code provisions cited in the release.

Texas Higher Education Coordinating Board — TexAM cease-and-desist publication Office of the Texas Attorney General — TexAM lawsuit release The Texas Tribune — lawsuit coverage
Office of the Attorney General · Civil Investigative Demand

Meta Glasses and
ambient recording risk

The Office opened an investigation into Meta AI Glasses, citing press and whistleblower accounts about subcontractor access to intimate video snippets and questions about LED indicators during always-on modes — issues that sit at the intersection of Texas privacy statutes and hardware product marketing.

1

The digit is a mnemonic, not a penalty tally: one statewide investigation file can still force enterprise document holds, vendor diligence, and parallel consumer suits — read the actual Civil Investigative Demand scope in the OAG release.

Office of the Texas Attorney General — Meta Glasses investigation release
Court of Appeals Amarillo · May 19, 2026 · appointed counsel fees

Jones v. State and
TEX. CODE CRIM. PROC. art. 26.05(g)

No. 07-25-00386-CR · memorandum opinion. The court deleted newly assessed appointed-counsel reimbursement because the defendant remained indigent and the record lacked affirmative proof of a present ability to pay — aligning with Mayer and Cates from the Court of Criminal Appeals on present-resource requirements.

Thomas J. Daley — case note on Jones v. State (Amarillo, May 19, 2026)
First Court of Appeals · May 12, 2026 · Article 38.072

Cedillo and outcry
reliability preservation

The First District held that when trial counsel argues only about which adult qualifies as the outcry witness, appellate counsel does not preserve a separate complaint that the child’s statements were unreliable under time, content, and circumstances — and further held any error harmless given overlapping evidence channels.

Trial preservation

Raise reliability under TEX. CODE CRIM. PROC. art. 38.072 § 2(b)(2) explicitly if that is the appellate theory.

Appellate posture

Harmlessness analysis still requires reading the full record — the memorandum opinion ties its result to duplicate fact channels.

Thomas J. Daley — case note on Cedillo v. State (May 12, 2026)
Texas Commission on Environmental Quality · commission agenda · May 13, 2026

TCEQ’s penalty batch
and program mix

Commissioners approved a seven-figure penalty package spread across dozens of regulated entities — the public breakdown by program area matters for environmental counsel budgeting settlement authority before June’s next agenda cycle.

Air quality agreed orders (count ≈ 10)
Municipal wastewater (count ≈ 10)
Public water systems (count ≈ 7)
Industrial wastewater / MSW / PST / water quality (combined smaller slices)
EIN Presswire / TCEQ — May 13, 2026 penalty approval summary Texas Commission on Environmental Quality — agency home (agenda webcasts and orders publish here)
Panhandle local government · landfill compliance · May 2026

Amarillo’s landfill
notice-of-violation cadence

Local reporting ties a May 20 written notice of violation to an earlier TCEQ complaint investigation into cover soil and vector control at the municipal landfill — a procedural reminder that state enforcement letters may not automatically escalate to elected officials without a deliberate compliance routing policy.

ABC 7 Amarillo — mayor press conference on TCEQ landfill investigation timing
Supreme Court of Texas · No. 23-0887 · hemp marketing · stay order

DSHS, Hometown Hero,
and a May 28 stay clock

The May 15 index shows the Court stayed a Travis County temporary injunction at 5:00 p.m. on May 28, 2026, pending further order — a precise timestamp hemp retailers and health-agency counsel should calendar alongside the Court’s eventual merits disposition.

Texas Judicial Branch — May 15, 2026 index (DSHS v. Sky Marketing caption)
Forward calendar

The week ahead
in Texas law

Verify every date on an official docket before advising clients to rely on it — this list is a watch sheet, not a scheduling order.

Wed., May 28, 2026
DSHS hemp-injunction stay effective 5:00 p.m. CT

See the Supreme Court’s May 15 stay line for DSHS v. Sky Marketing — confirm no subsequent orders supersede it.

Wed., Jun. 3, 2026
TCEQ commissioners’ agenda meeting

Environmental penalty and agreed-order pipelines typically publish supporting staff memoranda the week prior.

Fri., May 29, 2026
Supreme Court of Texas — next likely opinion hand-down

Fridays remain the Court’s habitual release window during the October–June term; refresh the Judicial Branch index Thursday evening.

Rolling
Tech privacy defensive litigation

Monitor Collin County dockets for Discord filings and Travis or transferred venue for WhatsApp coordination with other states’ parallel cases.

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