Joe Pickett is celebrating another victory in his case against the city over its environmental franchise fee.
The Texas Eighth District Court of Appeals July 21 denied the city's request for a rehearing in the case. The decision comes only a month after the same court upheld a lower court ruling that El Paso's environmental franchise fee constitutes an illegal tax.
"The hypocrisy of the El Paso City Council and mayor continues," Pickett wrote in an email. "While the city claims to fight against El Paso Electric’s request for a rate hike, they have hired, yet again, another law firm to help them fight you, the taxpayer, on their wanting to continue to charge you for the illegal fee they assesses on our water and sanitation bills."
Pickett launched
his crusade against the city's environmental franchise fee in 2020, asserting that the fee constituted an illegal tax. The fee, which is assessed on water bills each month, was set in 2015 at $1.10 per month but jumped to $6 per month in 2020, generating more than $13 million for the city each month.
Judge Patrick Garcia of the 384th District Court in El Paso first ruled in Pickett's favor in August 2024. That was followed by two favorable rulings from the Court of Appeals, as well as its most recent rejection of the city's motion for another hearing.
For his part, Pickett expects the city to appeal once again.
"This is the city of El Paso’s fourth time losing in their defending the collection of over $13 million a year for purposes contrary to what they said they created them for," Pickett said. "They have delayed, postponed, dragged their feet for years and I believe they will continue their denial of the facts and attempt another appeal, this time to the Texas Supreme Court."
The city had little to say on the matter.
"The city of El Paso is aware of the Eighth Court of Appeals' decision denying the city's motion for rehearing in this matter," city Strategic Communications Director Laura Cruz-Acosta said in an email. "The city respects the court's decision and will continue to evaluate its appellate options. Because this remains active litigation, the city has no further comment at this time."
Adam Powell covers government and politics for the El Paso Times and can be reached via email at apowell@elpasotimes.com.
This article originally appeared on El Paso Times: El Paso suffers another loss in water fee battle
