Opinion
NUMBER 13-16-00093-CV
02-11-2016
IN RE TEXAS RACING COMMISSION
On Petition for Writ of Mandamus.
ORDER
Before Justices Garza, Perkes, and Longoria
OrderPer Curiam
Relator, Texas Racing Commission ("Commission"), filed a petition for writ of mandamus on February 10, 2016, after business hours, seeking to vacate a temporary restraining order preventing the Commission from voting on the repeal of the Historical Racing Rules. Relator also filed an emergency motion for temporary relief requesting that we stay the temporary restraining order to allow the Commission to proceed with voting on February 18, 2016. According to the petition, the Historical Racing Rules were declared void by a Travis County District Court on December 3, 2014, and that judgment is now on appeal. Relator informs us that if this Court "does not stay the TRO or grant the writ by close of business on Monday, February 15, [2016], the Commission intends to file a petition with the Texas Supreme Court in order to give that Court sufficient time to address the issues raised in this petition before the Commission's February 18, 2016 meeting."
We first address relator's request for emergency temporary relief. Through its motion for emergency relief, relator effectively seeks relief on the merits of its original proceeding. While we may grant temporary relief before a response to the petition for writ of mandamus has been requested or filed, we may not grant relief on the merits without requesting such a response. See TEX. R. APP. P. 52.4. Moreover, in evaluating relator's request for emergency relief, we note that the petition for writ of mandamus and record filed with this Court lacks an appendix and record sufficient to explain the course of this proceeding and the related appeal that has been filed in the Third Court of Appeals. In short, for instance, it is unclear whether any action taken by this Court would interfere with the jurisdiction of our sister court.
Accordingly, in order to allow the proper presentation of the merits of this proceeding, we request that the real party in interest, the Texas Greyhound Association, or any others whose interest would be directly affected by the relief sought, file a response to this petition for writ of mandamus on or before the expiration of the business day on February 16, 2016. We CARRY the emergency motion for temporary relief with the case. In terms of relator's stated intent to seek review in the Texas Supreme Court if this Court does not stay the temporary restraining order or grant relief on the merits by the "close of business" on Monday, February 15, 2016, we will of course defer to any ruling by that Court.
PER CURIAM Delivered and filed the 11th day of February, 2016.