The counties we serve have the primary responsibility for funding our budgets. As I understand it, our sole recourse to challenge a funding cut is to "appeal" the commissioners court order approving the budget cut. That "appeal" is made by filing a petition for mandamus in the District Court under Tex. Const. Art. V Sec. 8 ("The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court... ").
Has anyone out there had success in challenging a budget cut? There seem to be two ways to challenge: (1) illegality, if it was not done in compliance with TOMA, the LGC, or other applicable law, or (2) arbitrary, if it lacks sufficient factual foundation.
Anyway, we are approaching budget season. There are 49 CDA, 82 DA and 205 CA offices across the State. Although we represent the State, there is no State office to help us on this - we can only look to each other for help. Please contact me if you have - or are having - an experience in challenging a budget cut.
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