vested rights analysis in Texas

2012After conducting an extensive analysis of cases applying a vested-rights analysis, the court concluded that “[w]hat constitutes an impairment of vested rights is too much in the eye of the beholder to serve as a test for unconstitutional retroactivity.” Id. at 143 .

2011Id. at 147, 150-51 (Medina J., concurring) (declining to apply the vested rights test and instead applying the above factors to determine whether the complained-of statute was unconstitutionally retroactive as applied to the appellants), 151.

2010E.g., In re A.V. & J.V., 113 S.W.3d 355, 361 (Tex.2003) (describing “exceptions” to retroac-tivity); David McDavid Nissan, 84 S.W.3d at 219 (analyzing the procedural/remedial test as part of the vested rights exception because “procedural and remedial statutes typically do not affect a vested right”).

2010E.g., In re A.V. & J.V., 113 S.W.3d 355, 361 (Tex. 2003) (describing "exceptions" to retroactivity); David McDavid Nissan, 84 S.W.3d at 219 (analyzing the procedural/remedial test as part of the vested rights exception because "procedural and remedial statutes typically do not affect a vested right").

2008See American Honda Motor Co. v. Texas Dept. of Transp.-Motor Vehicle Div., 47 S.W.3d 614, 623 (Tex.App.-Austin 2001, pet. denied) (noting approval of this Court’s conclusion that claimant “did not have a vested right to protest because House Bill 1595 [rescinding the right to protest] took effect prior to the time the Board rendered a final decision”) (citing Robbins Chevrolet Co. v. Motor Vehicle Bd., 989 S.W.2d 865, 870 (Tex.App.-Austin 2001, pet. denied)).

2008See American Honda Motor Co. v. Texas Dept. of Transp.-Motor Vehicle Div., 47 S.W.3d 614, 623 (Tex.App.-Austin 2001, pet. denied) (noting approval of this Court's conclusion that claimant "did not have a vested right to protest because House Bill 1595 [rescinding the right to protest] took effect prior to the time the Board rendered a final decision") (citing Robbins Chevrolet Co. v. Motor Vehicle Bd., 989 S.W.2d 865, 870 (Tex.App.-Austin 2001, pet. denied)).

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See, e.g., Subaru of America, Inc., 84 S.W.3d at 219-23 ; In re AD., 73 S.W.3d at 247-49 ; Baker Hughes, Inc., 12 S.W.3d at 4-5 ; Likes, 962 S.W.2d at 502-03 ; In re S.C.S., 48 S.W.3d at 835 ; Price Pfister, Inc., 48 S.W.3d at 353-55; Reames, 928 S.W.2d at 631 .

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See, e.g., Subaru of America, Inc., 84 S.W.3d at 219-23 ; In re AD., 73 S.W.3d at 247-49 ; Baker Hughes, Inc., 12 S.W.3d at 4-5 ; Likes, 962 S.W.2d at 502-03 ; In re S.C.S., 48 S.W.3d at 835 ; Price Pfister, Inc., 48 S.W.3d at 353-55; Reames, 928 S.W.2d at 631 .

2006See ante at p. 528 (citing Texas Water Rights Comm’n v. Wright, 464 S.W.2d 642, 648-49 (Tex.1971)).

2006See id. at 649-50 .

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See, e.g., Subaru of America, Inc., 84 S.W.3d at 219-23 ; In re AD., 73 S.W.3d at 247-49 ; Baker Hughes, Inc., 12 S.W.3d at 4-5 ; Likes, 962 S.W.2d at 502-03 ; In re S.C.S., 48 S.W.3d at 835 ; Price Pfister, Inc., 48 S.W.3d at 353-55; Reames, 928 S.W.2d at 631 .

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See, e.g., Subaru of America, Inc., 84 S.W.3d at 219-23 ; In re AD., 73 S.W.3d at 247-49 ; Baker Hughes, Inc., 12 S.W.3d at 4-5 ; Likes, 962 S.W.2d at 502-03 ; In re S.C.S., 48 S.W.3d at 835 ; Price Pfister, Inc., 48 S.W.3d at 353-55; Reames, 928 S.W.2d at 631 .

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See, e.g., Subaru of America, Inc., 84 S.W.3d at 219-23 ; In re AD., 73 S.W.3d at 247-49 ; Baker Hughes, Inc., 12 S.W.3d at 4-5 ; Likes, 962 S.W.2d at 502-03 ; In re S.C.S., 48 S.W.3d at 835 ; Price Pfister, Inc., 48 S.W.3d at 353-55; Reames, 928 S.W.2d at 631 .

2006I, sec. 1; Nobrega, 772 A.2d at 378-82 (stating that, although the vested-rights analysis had been used to determine whether a retroactive statute violates implied substantive due process, the better analysis is the deferential, rational-basis test—whether the statute is supported by a legitimate legislative purpose furthered by rational means); Phillips, 608 A.2d at 900-02 (stating that, in substantive due process analysis of retroactive statute, New Jersey courts should balance the importance of the public interest as compared with the value of the right affected by the statute to determine

2006I, sec. 1; Nobrega, 772 A.2d at 378-82 (stating that, although the vested-rights analysis had been used to determine whether a retroactive statute violates implied substantive due process, the better analysis is the deferential, rational-basis test — whether the statute is supported by a legitimate legislative purpose furthered by rational means); Phillips, 608 A.2d at 900-02 (stating that, in substantive due process analysis of retroactive statute, New Jersey courts should balance the importance of the public interest as compared with the value of the right affected by the statute to determin

2006I, sec. 1; Nobrega, 772 A.2d at 378-82 (stating that, although the vested-rights analysis had been used to determine whether a retroactive statute violates implied substantive due process, the better analysis is the deferential, rational-basis test—whether the statute is supported by a legitimate legislative purpose furthered by rational means); Phillips, 608 A.2d at 900-02 (stating that, in substantive due process analysis of retroactive statute, New Jersey courts should balance the importance of the public interest as compared with the value of the right affected by the statute to determine

2006I, sec. 1; Nobrega, 772 A.2d at 378-82 (stating that, although the vested-rights analysis had been used to determine whether a retroactive statute violates implied substantive due process, the better analysis is the deferential, rational-basis test — whether the statute is supported by a legitimate legislative purpose furthered by rational means); Phillips, 608 A.2d at 900-02 (stating that, in substantive due process analysis of retroactive statute, New Jersey courts should balance the importance of the public interest as compared with the value of the right affected by the statute to determin

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2006See Subaru of America, Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 219-23 (Tex.2002) (holding that statute changing tribunal for resolving issues under the Texas Motor Vehicle Commission Code did not affect any vested rights and was not an unconstitutional retroactive law); In re A.D., 73 S.W.3d 244, 247-49 (Tex.2002) (holding that statute would be an unconstitutional, retroactive law if it destroyed a vested right by eliminating a matured statute-of-limitations defense but concluding that statute in question did not do so); Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4-5 (Te

2021Corp., 561 S.W.3d 146, 161 (Tex. 2018) (orig. proceeding) (explaining that Robinson “expressly rejected the vested-rights test”).

2010E.g., In re A.V. & J.V., 113 S.W.3d 355, 361 (Tex.2003) (describing “exceptions” to retroac-tivity); David McDavid Nissan, 84 S.W.3d at 219 (analyzing the procedural/remedial test as part of the vested rights exception because “procedural and remedial statutes typically do not affect a vested right”).

2010E.g., In re A.V. & J.V., 113 S.W.3d 355, 361 (Tex. 2003) (describing "exceptions" to retroactivity); David McDavid Nissan, 84 S.W.3d at 219 (analyzing the procedural/remedial test as part of the vested rights exception because "procedural and remedial statutes typically do not affect a vested right").

2010L.REV. at 717 & n.135 ("[T]he Court has many times sustained the application of a retroactive statute to an accrued cause of action." (citing Louisville & Nashville R.R. v. Mottley, 219 U.S. 467 , 31 S.Ct. 265 , 55 L.Ed. 297 (1911))). [9] Hammond v. United States, 786 F.2d 8, 12 (1st Cir. 1986) ("The question whether the rights asserted in plaintiff's state-law causes of action are `vested' cannot be answered by looking to see whether suit had already been filed....

2010Other courts of appeals have called the vested rights analysis “amorphous.” Sims v. Adoption Alliance, 922 S.W.2d 213, 216 (Tex.App.-San Antonio 1996, writ denied); Ex parte Kubas, 83 S.W.3d 366, 369 (Tex.App.-Corpus Christi 2002, pet. ref'd).

2010Other courts of appeals have called the vested rights analysis "amorphous." Sims v. Adoption Alliance, 922 S.W.2d 213, 216 (Tex.App.-San Antonio 1996, writ denied); Ex parte Kubas, 83 S.W.3d 366, 369 (Tex. App.-Corpus Christi 2002, pet. ref'd).

2010The court of appeals called the vested rights analysis “inconsistent and difficult to use as a guide.” 251 S.W.3d at 526 .

2010The court of appeals called the vested rights analysis "inconsistent and difficult to use as a guide." 251 S.W.3d at 526 .

2010See also Milam Cnty. v. Bateman, 54 Tex. 153, 163 (1880); Moore v. Letchford, 35 Tex. 185, 222 (1871) (Ogden, J., dissenting) (noting that the Legislature may pass retrospective legislation that "would regulate" and neither "create nor destroy vested rights” (emphasis added)); Hamilton v. Avery, 20 Tex. 612 (1857); Nichols v. Pilgrim, 20 Tex. 426, 428-29 (1857) (discussing whether an executed contract for the sale of land was a "vested right” allowing suit for partition of land, notwithstanding the enactment of the statute of frauds). .

2010However, as more fully discussed below, the fact that the Robinsons' claims are statute-based reinforces the conclusions of this vested rights analysis. [7] See also Milam Cnty. v. Bateman, 54 Tex. 153, 163 (1880); Moore v. Letchford, 35 Tex. 185, 222 (1871) (Ogden, J., dissenting) (noting that the Legislature may pass retrospective legislation that "would regulate" and neither "create nor destroy vested rights" (emphasis added)); Hamilton v. Avery, 20 Tex. 612 (1857); Nichols v. Pilgrim, 20 Tex. 426, 428-29 (1857) (discussing whether an executed contract for the sale of land was a "vested rig

2010See also Milam Cnty. v. Bateman, 54 Tex. 153, 163 (1880); Moore v. Letchford, 35 Tex. 185, 222 (1871) (Ogden, J., dissenting) (noting that the Legislature may pass retrospective legislation that "would regulate" and neither "create nor destroy vested rights” (emphasis added)); Hamilton v. Avery, 20 Tex. 612 (1857); Nichols v. Pilgrim, 20 Tex. 426, 428-29 (1857) (discussing whether an executed contract for the sale of land was a "vested right” allowing suit for partition of land, notwithstanding the enactment of the statute of frauds). .

2010However, as more fully discussed below, the fact that the Robinsons' claims are statute-based reinforces the conclusions of this vested rights analysis. [7] See also Milam Cnty. v. Bateman, 54 Tex. 153, 163 (1880); Moore v. Letchford, 35 Tex. 185, 222 (1871) (Ogden, J., dissenting) (noting that the Legislature may pass retrospective legislation that "would regulate" and neither "create nor destroy vested rights" (emphasis added)); Hamilton v. Avery, 20 Tex. 612 (1857); Nichols v. Pilgrim, 20 Tex. 426, 428-29 (1857) (discussing whether an executed contract for the sale of land was a "vested rig

2010See also Milam Cnty. v. Bateman, 54 Tex. 153, 163 (1880); Moore v. Letchford, 35 Tex. 185, 222 (1871) (Ogden, J., dissenting) (noting that the Legislature may pass retrospective legislation that "would regulate" and neither "create nor destroy vested rights” (emphasis added)); Hamilton v. Avery, 20 Tex. 612 (1857); Nichols v. Pilgrim, 20 Tex. 426, 428-29 (1857) (discussing whether an executed contract for the sale of land was a "vested right” allowing suit for partition of land, notwithstanding the enactment of the statute of frauds). .

2010However, as more fully discussed below, the fact that the Robinsons' claims are statute-based reinforces the conclusions of this vested rights analysis. [7] See also Milam Cnty. v. Bateman, 54 Tex. 153, 163 (1880); Moore v. Letchford, 35 Tex. 185, 222 (1871) (Ogden, J., dissenting) (noting that the Legislature may pass retrospective legislation that "would regulate" and neither "create nor destroy vested rights" (emphasis added)); Hamilton v. Avery, 20 Tex. 612 (1857); Nichols v. Pilgrim, 20 Tex. 426, 428-29 (1857) (discussing whether an executed contract for the sale of land was a "vested rig

2010Other courts of appeals have called the vested rights analysis “amorphous.” Sims v. Adoption Alliance, 922 S.W.2d 213, 216 (Tex.App.-San Antonio 1996, writ denied); Ex parte Kubas, 83 S.W.3d 366, 369 (Tex.App.-Corpus Christi 2002, pet. ref'd).

2010Other courts of appeals have called the vested rights analysis "amorphous." Sims v. Adoption Alliance, 922 S.W.2d 213, 216 (Tex.App.-San Antonio 1996, writ denied); Ex parte Kubas, 83 S.W.3d 366, 369 (Tex. App.-Corpus Christi 2002, pet. ref'd).