City of Houston v. Christopher Rhule, 417 S.W.3d 440 (Tex. 2013). · Go Syfert
City of Houston v. Christopher Rhule, 417 S.W.3d 440 (Tex. 2013). Cases Citing This Book View Copy Cite
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cited 7× by 7 distinct cases, 2014–2017 · 2 courts↓ Fading · …subject matter jurisdiction is 'essential to a court's power to decide a case. at p. 442 ✓ Topic ↗
cited 5× by 5 distinct cases, 2018–2023→ Stable · …essential to a court's power to decide a case. at p. 442 ✓ Topic ↗
cited 4× by 4 distinct cases, 2015–2018 · …subject matter jurisdiction presents a question of law at p. 442 ✓ Topic ↗
283 citation events (283 in the last 25 years) across 11 distinct courts.
Strongest positive: Marvella Loya v. Hickory Trail Hospital, L.P. (texapp, 2022-11-30)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Marvella Loya v. Hickory Trail Hospital, L.P.
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the statute in effect at the time of injury controls.
examined Cited as authority (verbatim quote) Vincent Summa and Adriana Summa v. RG Building and Development, Inc.
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
not only may a reviewing court assess jurisdiction for the first time on appeal, but all courts bear the affirmative obligation to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.
examined Cited as authority (verbatim quote) Vincent Summa and Adriana Summa v. RG Building and Development, Inc.
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
not only may a reviewing court assess jurisdiction for the first time on appeal, but all courts bear the affirmative obligation to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.
examined Cited as authority (verbatim quote) in Re: John Doggett, M.D., Independent of the Estate of Jerry Lloyd Doggett
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
not only may a reviewing court assess jurisdiction for the first time on appeal, but all courts bear the affirmative obligation 'to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it
discussed Cited as authority (verbatim quote) Guadalupe Guerra Jr. v. ACE American Insurance Company as Successor of INA of Texas
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the statute in effect at the time of injury controls.
examined Cited as authority (verbatim quote) in Re iWORKS Personnel, Inc., Luis Trevino, and Haydee Gutierrez (8×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent exhaustion of administrative remedies, a trial court must dismiss the case.
discussed Cited as authority (verbatim quote) in Re Jeffrey M. Stern, Individually and D/B/A Stern, Miller & Higdon (2×) also: Cited as authority (rule)
Tex. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
all courts bear the affirmative obligation 'to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.
cited Cited as authority (rule) David Olatunde Alimi v. Ganiyu Akanbi Alimi
txctapp1 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (per curiam).
discussed Cited as authority (rule) City of El Paso, Texas v. Joseph C. Pickett
txctapp8 · 2026 · confidence medium
Rusk State Hosp. v. Black, 392 S.W.3d 88, 95 (Tex. 2012); City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013). 11 share in Texas’ inherent sovereign immunity.” Garcia v. City of Willis, 593 S.W.3d 201 , 208 (Tex. 2019).
cited Cited as authority (rule) African American Historic Preservation Committee, Inc. v. State of Texas and City of Texas City
txctapp1 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) City of Houston v. Shamaka T. Barfield
txctapp1 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
discussed Cited as authority (rule) Modern Builders, LLC, Alicia Gonzalez, Betsy Darling, Callie Stevens, Grayson Buster, Jaime Cobb Tinsley, Tom Tinsley, Jesse Fox, Kelray LLC, Urban Legacy Properties, LLC, D/B/A Urban Legacy Properties Series a LLC, Lauren A. Brady, Lauren Barrett, Lesa Susi, Trustee of the Susi Living Trust, Lori Dugdale, M and M Pool House LLC, Martha Dominguez, Adulfo Dominguez, Sean Sullivan, Shannon Ross, Susan Harper, Smith-Wallace Properties, LLC, Theresa Riley, Trustee of the TK Riley Family Trust v. City of Fort Worth
txctapp2 · 2026 · confidence medium
See, e.g., In re J.J.R.S., 627 S.W.3d 211 , 225 n.15 (Tex. 2021) (“Courts may raise jurisdictional issues sua sponte for the first time on appeal.”); City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (“[A]ll courts bear the affirmative obligation to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.” (cleaned up)); McDaniel v. Crowley Indep.
cited Cited as authority (rule) Dominique Cunningham v. Teneshia Hudspeth
txctapp1 · 2026 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) City of Shenandoah, Texas v. Law Office of Frank Powell & Frank C. Powell
txctapp1 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) Laquita Hewitt, Independent of the Estate of Michael Lynn Hewitt v. Nocona Hospital District D/B/A Advanced Rehabilitation and Healthcare of Bowie
txctapp7 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (per curiam).
discussed Cited as authority (rule) In the Interest of TR, RR, Children v. the State of Texas
txctapp1 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (citing Tex. Dep’t of Transp. v. A.P.I.
cited Cited as authority (rule) The City of Houston v. Hollis F. Holmes
txctapp1 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
discussed Cited as authority (rule) Texas Department of Insurance v. Som Thomas
txctapp15 · 2026 · confidence medium
Section 22.220(a) of the Government Code provides that each court of appeals has jurisdiction “of all civil cases within its district.”11 This Court’s district “is composed of all counties in this state,” 12 so we have “jurisdiction over civil cases appealed from 5 Univ. of Tex. Rio Grande Valley v. Oteka, 715 S.W.3d 734 , 744 n. 49 (Tex. 2025) (quoting City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013)). 6 TEX.
cited Cited as authority (rule) City of Houston v. Tanisha Tennon
txctapp1 · 2026 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
discussed Cited as authority (rule) Wallace Mitchell v. J.M. Thomas, Renee Boone, Tina Wise, Deborah Fontenette, T. Castillo, T. White, Caralyn Floyd, Nancy Wells, C.C. May, Luis Ramos, G. Coburn, S. Middlebrooks, John Fernon, H. Simmons, S.B. Permenter, C. Brekel, Big Body Longoria, and Wellpath Health (2×) also: Cited "see"
txctapp9 · 2026 · confidence medium
“Subject matter jurisdiction presents a question of law we review de novo.” Rhule, 417 S.W.3d at 442 (citation omitted).
cited Cited as authority (rule) City of Houston v. Javier Tapia and Jennifer Welborn, Individually and as Personal Representatives of the Estate of A.W.T.
Tex. App. · 2025 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) City of Houston v. Edwin Stephens, Eric Stephens, Individually, and as Next Friend of L.S., a Minor
Tex. App. · 2025 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) Harris County, Texas, Harris County Commissioners Court, Lina Hidalgo and Edward Gonzalez v. Jane Doe
Tex. App. · 2025 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (citing Bland Indep.
discussed Cited as authority (rule) Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance - Division of Workers' Compensation, DWC, and DWC Commissioner Jeff Nelson in His Official Capacity (2×)
Tex. App. · 2025 · confidence medium
Int'l Inc. v. Bennett, 35 S.W.3d 12, 15 (Tex. 2000)................................. 16 City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) .................................. 16 Dass v. Tex. Bd. of Prof'l Eng’rs, 517 S.W.3d 252, 256-57 (Tex. App.—Austin 2017, no pet.) ............................................................................................................. 17 Magnolia Petroleum Co. v. New Process Prod.
discussed Cited as authority (rule) Courtenay Paris, in Her Personal Capacity, and in Her Official Capacity as Chairperson on Behalf of Decriminalize Elgin, a Nonprofit, Unincorporated Political Action Committee v. the State of Texas; City of Elgin; Theresa Y. McShan, Mayor of Elgin; Sue Brashar, Mayor Pro Tem of Elgin; Joy Casnovsky, Arthur Gibson III, Yalecia Love, Chuck Swain, Matthew Callahan, Al Rodriguez, and Forest Lee Dennis, Members of the City Council of Elgin; Thomas Mattis, City Manager of Elgin; And Chris Noble, Chief of Police of Elgin; In Their Official Capacities
Tex. App. · 2025 · confidence medium
As the State observes, by signing the final judgment, the trial court implicitly found that it had subject- 15 Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004). 16 City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013). 17 In re Union Carbide Corp., 273 S.W.3d 152, 156 (Tex. 2008) (“The trial court abused its discretion in failing to first rule on the motion to strike.”); see Miranda, 133 S.W.3d at 229 (explaining that “the Texas civil procedural scheme entrusts many scheduling and procedural issues to the sound discretion of the trial court,” including R…
discussed Cited as authority (rule) The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11
Tex. App. · 2025 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (“Not only may a reviewing court assess jurisdiction for the first time on appeal, but all courts bear the affirmative obligation ‘to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.’” (quoting In re United Servs.
discussed Cited as authority (rule) In Re the State of Texas v. the State of Texas
Tex. App. · 2025 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (“Not only may a reviewing court assess jurisdiction for the first time on appeal, but all courts bear the affirmative obligation ‘to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.’” (quoting In re United Servs.
discussed Cited as authority (rule) Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance - Division of Workers' Compensation, DWC, and DWC Commissioner Jeff Nelson in His Official Capacity (2×)
Tex. App. · 2025 · confidence medium
Int'l Inc. v. Bennett, 35 S.W.3d 12, 15 (Tex. 2000)................................. 13 City of El Paso v. Heinrich, 284 S.W.3d 366 , 373 n.6 (Tex. 2009) .......................... 55 City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) .................................. 13 Dass v. Tex. Bd. of Prof'l Eng’rs, 517 S.W.3d 252, 256-57 (Tex. App.—Austin 2017, no pet.) ............................................................................................................. 31 Goldberg v. Kelly, 397 U.S. 254 (1970) ................................................................. 49 Hosp…
cited Cited as authority (rule) Gulfton Area Municipal Management District v. APTFP LLC and Apt Villa Contento LLC
Tex. App. · 2025 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) Terre Anderson v. Karl Randall Natho
Tex. App. · 2025 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (citations omitted).
discussed Cited as authority (rule) Terry Burns, M.D., and Stephen M. Rapkin v. the City of San Antonio, Texas, Acting by and Through the City Public Service Board of San Antonio, Texas, and Ken Paxton, Attorney General of Texas (2×)
Tex. App. · 2025 · confidence medium
Co., 105 Tex. 337 , 148 S.W. 292 (Tex. 1912) ........................................... 5, 10 City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2014) .......................................................... 11 City of Lubbock v. Isom 615 S.W.2d 171 (Tex. 1981) .................................................................... 8 City of Magnolia v. Magnolia Bible Church, 629 S.W.3d 471 (Tex. App.—Austin 2020, no pet.)................................ 16 Coalson v. City Council of Victoria, 610 S.W.2d 744 (Tex. 1980) .............................................................. 5, 11 In…
cited Cited as authority (rule) Houston First Corporation v. Jesse Valma
Tex. App. · 2025 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (citing Bland Indep.
cited Cited as authority (rule) Curadev Pharma PVT. LTD. and Curadev Pharma Limited v. the University of Texas Southwestern Medical Center, Dr. Xiaochen Bai, and Dr. Xuewu Zhang
Tex. App. · 2025 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (quoting Bland Inep.
discussed Cited as authority (rule) Lincoln Property Company, SP II Limited Partnership, and San Antonio Housing Authority Foundation, Inc. v. Leticia Herrera as Representative of the Estate of Maria L. Herrera
Tex. App. · 2025 · confidence medium
However, we may not find a briefing waiver of an immunity issue as we have an independent obligation “to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it,” City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013), and to “address a governmental immunity argument even when raised for the first time on appeal.” El Paso 14 Indep.
cited Cited as authority (rule) Harris County v. Cynthia McFarland
Tex. App. · 2025 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) Terry Hall v. Bpm Lumber, LLC
Ky. · 2024 · confidence medium
See, e.g., Caraballo v. City of Jersey City Police Dep’t, 204 A.3d 254, 260 (N.J. 2019); City of Houston v. Rhule, 417 S.W.3d 440, 443 (Tex. 2013); Bullock v. AIU Ins.
discussed Cited as authority (rule) Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman (2×)
Tex. App. · 2024 · confidence medium
Dist. v. Marquez, 487 S.W.3d 538, 544 (Tex. 2016) (alteration in original) (quoting Essenburg v. Dallas County, 988 S.W.2d 188, 189 (Tex. 1998), and City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013)). 190 Tex. Util.
examined Cited as authority (rule) Brandon Hjella v. Red McCombs Motors, Ltd. (3×) also: Cited "see"
Tex. App. · 2024 · confidence medium
“Subject matter jurisdiction is essential to a court’s power to decide a case.” Jenkins, 469 S.W.3d at 336 (quoting City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013)) (internal quotation marks omitted).
cited Cited as authority (rule) April Lynn Carson and Bobby Jean Gordon Wall v. Winter Gordon Junior
Tex. App. · 2024 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (per curiam).
cited Cited as authority (rule) Harris County, Texas v. Florencio Bacilio AKA Florencio Bacilio Ramirez and Yolanda Bacilio Florencio Bacilio AKA Florencio Bacilio Ramirez and Yolanda Bacilio
Tex. App. · 2024 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (per curiam); City of DeSoto v. White, 288 S.W.3d 389, 393 (Tex. 2009).
cited Cited as authority (rule) The City of Houston v. Amber Stoffer
Tex. App. · 2024 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013) (per curiam); City of DeSoto v. White, 288 S.W.3d 389, 393 (Tex. 2009).
discussed Cited as authority (rule) Dianne Hensley v. State Commission on Judicial Conduct
Tex. · 2024 · confidence medium
The purpose of requiring a party to exhaust administrative remedies “is never to deprive a party of legal rights; rather, it aims to 5 ensure an orderly procedure to enforce those rights.” City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) Dianne Hensley v. State Commission on Judicial Conduct
Tex. · 2024 · confidence medium
Dist. v. Marquez, 487 S.W.3d 538, 544 (Tex. 2016) (citing City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013)); see also In re Entergy Corp., 142 S.W.3d 316, 321 (Tex. 2004); Cash Am.
cited Cited as authority (rule) Awad Mustafa v. HTS Services, Inc. and Tarek Morsi, Misel Repak, Mahmoud Hassan, Shafi Mohamed and Yewande Adelaja
Tex. App. · 2024 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013); City of DeSoto v. White, 288 S.W.3d 389, 393 (Tex. 2009).
cited Cited as authority (rule) City of Houston v. Marvis Huff
Tex. App. · 2023 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) Brian F. Wilson v. City of Houston
Tex. App. · 2023 · confidence medium
City of Hous. v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
cited Cited as authority (rule) Sean Page v. Guadalupe De La Cruz
Tex. App. · 2023 · confidence medium
City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013).
Retrieving the full opinion text from the archive…
CITY OF HOUSTON, Petitioner,
v.
Christopher RHULE, Respondent
12-0721.
Texas Supreme Court.
Nov 22, 2013.
417 S.W.3d 440
2013 WL 6164437
2013 Tex. LEXIS 951
Dean G. Pappas, Mary M. Markantonis, Pappas & Suchma, P.C., Houston, TX, for City of Houston., John S. Powell, The Powell Law Firm, John Sanford Powell III, John Powell III, P.C., Pearland, TX, for Christopher Rhule.
Per Curiam.
Cited by 179 opinions  |  Published
PER CURIAM.

In this workers’ compensation ease, we must decide whether the claimant was required to exhaust administrative remedies before he could sue in district court for breach of a settlement agreement. We hold that the operative statute in effect at the time of the claimant’s injury — section 12b of former Texas Civil Statutes Article 8307 — required the claimant to first present his dispute to the Industrial Accident Board, now the Division of Workers’ Compensation. Accordingly, we reverse the court of appeals’ judgment and dismiss the claimant’s action.

Christopher Rhule, a firefighter for the Houston Fire Department, suffered an on-the-job spinal injury in 1988. The City of Houston, a self-insured municipality, contested Rhule’s workers’ compensation claim. The parties entered into a settlement agreement under which Rhule would receive $14,000 and “lifetime open reasonable and necessary medical [expenses]” in exchange for releasing the City from any further claims derived from the injury. The trial court entered an agreed judgment to this effect.

The City paid Rhule’s medical expenses until 2004 when, despite Rhule’s persistent pain, the City decided that many of his medications and treatments were not reasonable, necessary, and related to the underlying 1988 injury. Rhule filed suit in district court for breach of the agreement. A jury found for Rhule and awarded him $127,500 in damages for past physical pain, mental anguish, attorney’s fees, and out-of-pocket expenses. The court of appeals initially reversed the award for physical pain while affirming the remainder of the trial court’s judgment. In response, the City moved for rehearing and moved the court of appeals to dismiss the case for lack of jurisdiction, arguing that Rhule did not exhaust his administrative remedies as required by statute. 377 S.W.3d 734, 737. The court of appeals granted rehearing, withdrew its prior opinion, and affirmed the trial court’s judgment on all matters. Id. at 737-38.

The City petitioned this Court for review, reasserting its argument that the trial court lacked jurisdiction to hear the case. The City contends that both the applicable statute — section 12b of former Texas Civil Statutes Article 8307 — and our opinion in American Motorists Insurance Co. v. Fodge, 63 S.W.3d 801 (Tex.2001), require Rhule to return to the Division before filing suit. Further, it argues that governmental immunity insulates the City from suit. Rhule argues that jurisdiction was proper because he exhausted his administrative remedies by securing the original settlement agreement, that further ex[*442] haustion would be futile, and that the City waived its governmental immunity.

Subject matter jurisdiction is “essential to a court’s power to decide a case.” Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 553-54 (Tex.2000). A court acting without such power commits fundamental error that we may review for the first time on appeal. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443-44 (Tex.1993). Not only may a reviewing court assess jurisdiction for the first time on appeal, but all courts bear the affirmative obligation “to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.” In re United Servs. Auto. Ass’n, 307 S.W.3d 299, 306 (Tex.2010) (quoting Univ. of Tex. Sw. Med. Ctr. at Dall. v. Loutzenhiser, 140 S.W.3d 351, 358 (Tex.2004)). A judgment rendered without subject matter jurisdiction cannot be considered final. Dubai Petrol. Co. v. Kazi, 12 S.W.3d 71, 76 (Tex.2000) (citing Restatement (Second) of Judgments § 12 cmt.b (1982)). Subject matter jurisdiction presents a question of law we review de novo. Tex. Dep’t of Transp. v. A.P.I. Pipe & Supply, LLC, 397 S.W.3d 162, 166 (Tex.2013).

We look to the scope of agency jurisdiction to determine whether section 12b mandated exhaustion of administrative remedies as a prerequisite to trial court jurisdiction. See Subaru of Am., Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 221 (Tex.2002). Administrative agencies may exercise only powers conferred upon them by “clear and express statutory language.” Id. at 220. When the Legislature grants an administrative agency sole authority to make an initial determination in a dispute, agency jurisdiction is exclusive. See id. at 221. A party then must exhaust its administrative remedies before seeking recourse through judicial review. See Cash Am. Int’l., Inc. v. Bennett, 35 S.W.3d 12, 15 (Tex.2000). The exhaustion doctrine serves as a timing mechanism to ensure that the administrative process runs its course. See id. The intent is never to deprive a party of legal rights; rather, it aims to ensure an orderly procedure to enforce those rights. Ysleta Indep. Sch. Dist. v. Griego, 170 S.W.3d 792, 795 (Tex.App.-El Paso 2005, pet. denied). Absent exhaustion of administrative remedies, a trial court must dismiss the case. See Tex. Educ. Agency v. Cypress-Fairbanks I.S.D., 830 S.W.2d 88, 90 (Tex.1992).

Our analysis turns on whether the Division has exclusive jurisdiction over Rhule’s claim. See Subaru of Am., 84 S.W.3d at 221. Exclusive jurisdiction is a question of statutory interpretation, id., and thus we must consider the operative statute and whether it grants the Division the sole authority for initial resolution of disputes arising out of a settlement agreement. The statute in effect at the time of injury controls. See Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Reyna, 897 S.W.2d 777, 778 (Tex.1995) (per curiam) (applying the version of the Workers’ Compensation Act in effect at the time of the injury, not the version in effect at the time of suit); Harris v. Varo, Inc., 814 S.W.2d 520, 523-24 (Tex.App.-Dallas 1991, no writ). Rhule’s injury occurred on February 25, 1988. The Legislature made significant changes to the workers’ compensation system in 1989, but the impact on claims was prospective as of January 1, 1991. Act of Dec. 11, 1989, 71st Leg., 2nd C. S., eh. 1, § 17.18, 1989 Tex. Gen. Laws 122, 122. The implementing legislation provided that the Division “shall process claims for injuries occurring before January 1, 1991, in accordance with the law in effect on the date that the injury occurred, and the former law is continued in effect for this purpose.” Id. At the time of Rhule’s injury, former section 12b of Arti[*443] cle 8307 governed disputes based on settlement agreements in workers’ compensation cases. Act of May 20, 1983, 68th Leg. R.S., ch. 501, § 1, 1983 Tex. Gen. Laws 2934, 2934-35, repealed by Act of Dec. 11, 1989, 71st Leg. 2nd C. S., ch. 1, § 16.01(10), 1989 Tex. Gen. Laws 1, 114. Section 12b, entitled “Compromise settlement agreements and agreed judgments; disputes concerning payment of healthcare benefits,” read as follows:

Whenever in any compromise settlement agreement approved by the board or in any agreed judgment approved by the court, any dispute arises concerning the payment of medical, hospital, nursing, chiropractic or podiatry services or aids or treatment, or for medicines or prosthetic appliances for the injured employee as provided in Section 7, Article 8306, Revised Statutes, as amended, or as provided in such compromise settlement agreements or agreed judgments, all such disputes concerning the payment thereof shall be first presented by any party to the [Division] within six months from the time such dispute has arisen (except where “good cause” is shown for any delay) for the [Divisiones determination. [1]

Id. The operative statute, therefore, compels a party to a settlement agreement to first bring disputes to the Division.

The City of Houston stopped paying for Rhule’s pain pump, medications, and visits to the doctor in 2004. Rhule brought suit against the City in 2008 but did not first present the matter to the Division. Because the statute compelled Rhule to present his dispute to the Division and Rhule failed to do so, Rhule has not exhausted his administrative remedies. This divests the trial court of jurisdiction. [2] See Cypress-Fairbanks I.S.D., 830 S.W.2d at 90.

Without hearing oral argument, we reverse the court of appeals’ judgment and render judgment dismissing Rhule’s action for lack of subject matter jurisdiction. See TEX. R. APP. P. 59.1.

1

. The statute next indicates that "[a] dispute arises when a written refusal of payment has been filed with the [Division].” Id. Rhule has not argued that no "dispute” has arisen because the City of Houston failed to submit a refusal in writing to the Division.

2

. We need not entertain the City’s argument under American Motorists Insurance Co. v. Fodge, 63 S.W.3d 801 (Tex.2001), because the statute directly addresses settlement agreements. We do note, however, that Fodge did not address the issue presented in this case, but rather mandated exhaustion of administrative remedies where a claimant sued for delay of medical payments despite entitlement only to temporary income benefits. See 63 S.W.3d at 804.