Case No. 25-0182
On January 23, 2023, the Corpus Christi ISD board adopted prevailing wage rates for district construction projects under Government Code chapter 2258, which requires a public body to determine the prevailing wage for the locality, defined as the political subdivision, either by a survey of similar projects or by using the federal Davis-Bacon rates.1 The district says its employees surveyed local wages, comparing local contractors' wages, Davis-Bacon rates, the district's past rates, Texas A&M's rates for Nueces County, Workforce Solutions data and information from the union, and then recommended the A&M rates.2 The electrical workers say the board simply copied four-year-old Texas A&M rates onto district letterhead, used neither statutory method, and did not survey projects within the district's boundaries.3
The International Brotherhood of Electrical Workers Local 278 and sixteen members sued the district and its trustees on May 17, 2023, and the 214th District Court of Nueces County granted summary judgment for the district and denied the workers' motion.1 The Thirteenth Court of Appeals, in an opinion by Justice Benavides, held the union lacks associational standing and the members lack individual standing and that the district itself is immune from the ultra vires claim, but held that members who are district taxpayers have taxpayer standing and that fact issues exist on the survey's compliance, and it reversed in part.2 The Supreme Court granted review on May 29, 2026.
Petition for review from the Thirteenth Court of Appeals (Corpus Christi-Edinburg); granted May 29, 2026. Argued September 17, 2026.
The case comes up on cross-motions for summary judgment, and standing is a threshold question of law.1
Whether the members have taxpayer standing.
The trustees (Petitioners): Union members dissatisfied with the adopted rates cannot use taxpayer standing unless they plead and prove an actual illegal expenditure, which here would mean a contractor actually paid or intended to pay the adopted rates, and the workers conceded they cannot identify one.1 Their efforts to void all public-works contracts would be disruptive and conflict with Bland.2
The workers (Respondents): The court of appeals correctly held they have taxpayer standing, and their requests for injunctive relief should not affect that analysis.3
Whether the wage survey complied with the Act.
The trustees (Petitioners): The Act lets a political subdivision survey wages and does not limit what information it may consider or require starting from scratch, so the board properly exercised its discretion, and its determination is final under section 2258.022(e).4
The workers (Respondents): The appeals court correctly found fact questions on the merits, because the board adopted A&M rates without surveying similar projects within the district's boundaries.5
The trustees argued the court of appeals erred in holding members could use taxpayer standing to challenge the board's prevailing-wage determination and in letting an ultra vires claim second-guess rates the Act commits to the board's discretion.1 The workers argued review should be denied and the ruling affirmed.2
Unofficial and machine-generated: YouTube’s automatic captions of the Court’s recording, with no speaker names and frequent errors in names, numbers and legal terms. Use the video, linked at each time stamp, as the record of what was said.
The following is current as of October 9, 2026.
| Date | Event |
|---|---|
| 04/14/2025 | Petition for Review (Don Clark, et al) |
| 09/18/2025 | Response to Petition (Eduardo Rodriguez, et al) |
| 11/21/2025 | Brief on the Merits Ordered |
| 02/20/2026 | Petitioner's Brief on the Merits |
| 03/12/2026 | Respondent's Brief on the Merits |
| 04/03/2026 | Petitioner's Reply Brief on the Merits |
| 09/17/2026 | Oral argument Argued on behalf of Petitioners by Philip Fraissinet (Thompson & Horton, LLP). Argued on behalf of Respondents by Matt Bachop (Deats Durst & Owen, P.L.L.C.). |
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