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  • Bangladeshi
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  • Italian
  • My hobbies:
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On the street of Rankin Road and street is To communicate or ask something with the place, the Phone is The coordinates that you can use in applications to get to find Houston Dolls Cabaret quickly are There are no reviews yet! You can review this Business and help others by leaving a comment.


Ariamerica, Inc. James Restaurant and Cabaret, and D. Houston, Inc. Appellees' motion for rehearing is overruled. The substitute opinion of April 28, is withdrawn and the court issues this opinion on rehearing.

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In this appeal from a dismissal for want of jurisdiction, P. Meekey and Michael Fulmer, individually, and on behalf of all others similarly situated, appeal a judgment in favor of Rick's Cabaret International, Inc. We reverse and remand for proceedings consistent with this opinion. Appellants used credit cards to purchase dances at the clubs owned by appellees.

Appellants allege the regular price for a dance is twenty dollars. When appellants used a credit card, however, they were charged twenty-five dollars.

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Appellants filed suit alleging the five dollar charge to their credit cards was an illegal surcharge in violation of section Section Appellees argue the dancers employed by their clubs are independent contractors who set their own prices and that they charge their customers an extra five dollars because that is the fee appellees charge the dancers for use of the clubs' credit card machines. In the trial court, appellees filed motions to dismiss and pleas in abatement alleging the trial court did not have original jurisdiction over appellants' suit.

The trial court found appellants' claims under section The trial court further found the Finance Commission had primary jurisdiction over appellants' claims. Because it found no original jurisdiction, the trial court dismissed appellants' claims without prejudice. Appellant's motion for new trial was denied. Whether an agency has exclusive or primary jurisdiction is a question of law we review de novo. Subaru of America, Inc. David McDavid Nissan, Inc. Under a de novo standard, the appellate court exercises its own judgment and the trial court's decision is afforded no deference.

Quick v. City of Austin, 7 S. District courts are courts of general jurisdiction, pd to have subject matter jurisdiction absent a showing to the contrary.

Subaru, 84 S. A similar presumption does not exist for administrative agencies, which may exercise only those powers the law confers upon them in clear and express statutory language and those reasonably necessary to fulfill a function or perform a duty that the Legislature has expressly placed with the agency. In re Entergy Corp.

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As a creature of the legislature, an agency exercises only those powers conferred by statute. Public Util. Comm'n v.

City Pub. Because an agency's power is derived from a statute, whether it has exclusive jurisdiction depends on statutory interpretation. The existence of an agency's primary or exclusive jurisdiction to resolve an issue is determinative of whether a party must first exhaust administrative remedies before the trial court has subject matter jurisdiction over a dispute.

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Appellees contend the Finance Commission has exclusive jurisdiction over this dispute by virtue of the following statutes:. The finance commission may adopt rules necessary to supervise the consumer credit commissioner and ensure compliance with Chapter 14 and Title 4.

The commissioner shall enforce this chapter, Subtitles B and C of Title 4 and Chapter in person or through an assistant commissioner, examiner, or other employee of the office. The legislature granted the Texas Finance Commission authority to adopt rules necessary to supervise the Consumer Credit Commissioner and ensure compliance with Chapter 14 and Title 4 of the Finance Code.

Code Ann. Because Title 4 includes section Appellees further contend the commission's jurisdiction is exclusive because the grant of rulemaking authority in section The language in section No remedy is listed in section In construing a statute, our purpose is to give effect to the legislature's intent. See Gilbert v.

El Paso County Hosp. A statute that deprives a person of a common law right will not be extended beyond its plain meaning or applied to cases not clearly within its purview. Luke's Episcopal Hosp.

Agbor, S. The language of section See Thomas v. Long, 97 S. Examples of statutory language conferring exclusive jurisdiction are found in section Residential Investments, Inc. Burgess v. Gallery Model Homes, Inc. The Finance Code contains no such language with regard to enforcement of section Therefore, there is no explicit grant of exclusive jurisdiction in the statute. In Burgess v. Gallery Model Homes, the First Court of Appeals found the remedy for overpayment of sales tax was exclusively statutory and that a claimant had to exhaust administrative remedies before filing suit in district court.

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In that case, a consumer sought refund of sales tax paid to a furniture company. Tax Code Ann. The court found the Tax Code affords an exclusive remedy for an aggrieved taxpayer to obtain a refund for overcharged sales tax. Burgess, S. The general rule is that where the cause of action and remedy for its enforcement are derived not from the common law, but from the statute, the statutory provisions are mandatory and exclusive, and must be complied with in all respects. The Finance Code provisions at issue in this case do not constitute such a pervasive regulatory scheme.

While section Because the Finance Code does not confer exclusive original jurisdiction on the Finance Commission or the Consumer Credit Commissioner, the district court has subject matter jurisdiction.

See Subaru, 84 S. Primary jurisdiction is an administrative law doctrine that arises when a court and an agency have concurrent original jurisdiction over a dispute. Cash America International, Inc. Bennett, 35 S. If a trial court determines an agency has primary jurisdiction, the court should abate the lawsuit and suspend final adjudication of the claim until the agency has had an opportunity to act. In such a case, courts must ask whether the policies underlying the primary jurisdiction doctrine require the court to defer to the agency's expertise and responsibility to develop regulatory policy.

See Southwestern Bell Tel. Comm'n, S. Butnaru v.

Ford Motor Co. There is no evidence in the record that suggests 1 the Finance Commission is staffed with experts trained in handling surcharges on credit cards, and 2 any special expertise would be necessary to resolve appellants' claims. Appellees' primary defense is that they do not charge customers for dances, but the dancers, as independent contractors, charge the customers.

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Kent; Naomi L.


Hours : Rankin Rd H, Houston


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