The Texas 14th Court of Appeals ruled Tuesday that the city’s calculation of the drainage fee was “legally incorrect.” This overturns a 281st District Court trial judgment from last July, which stemmed from a lawsuit filed in 2019.
The plaintiffs, James Robert Jones and Allen Watson, argued that the city council had not allocated its drainage fund according to the city charter, claiming that the mayor and councilmembers underfunded that budget.
Over the years, Eyewitness News reported on the “ReBuild Houston” program, billed as an infrastructure improvement fund, that voters passed in 2010 as an amendment to the city charter under Bill White’s mayoral administration. It continued into former in office and former Mayor Sylvester Turner. The fee was meant only for flood mitigation, drainage, and similar projects.
A 2018 report found that just a small portion of tax revenues were spent on streets and drainage projects. A more significant allocation went to paying down debt and other noninfrastructure-related expenditures. This was the primary reason Jones and Watson sued Turner, in his mayoral capacity, and the city.
After Tuesday’s ruling, Mayor John Whitmire, whose name is in the newest documents as an appellee, said he agrees that infrastructure must be addressed but not at the cost of public safety and quality-of-life services.
“We have to make sure that we’re putting our resources where they’re needed most,” Whitmire said in a statement. “That means investing in our infrastructure, but it also means investing in our public safety and quality-of-life services.”
The court’s ruling is a victory for the plaintiffs and could have implications for other cities in Texas that have similar drainage fees. It remains to be seen how the city of Houston will respond to the ruling.
