Summary
This document is the Texas Racing Commission’s notice of interlocutory appeal from an October 9, 2025 order denying its plea to the jurisdiction in Toby Keeton’s challenge to the Commission’s application of Texas Occupations Code section 2034.002 and related administrative rules. The notice was filed in Travis County, Texas, and invokes Texas Civil Practice and Remedies Code section 51.014(a)(8) and Texas Rule of Appellate Procedure 28.1(a).
Topics
Practice areas
Questions Presented
- Whether the district court erred by denying the Texas Racing Commission's plea to the jurisdiction.
- Whether Keeton alleged sufficient facts to support a challenge to the constitutionality of the Commission's application of Texas Occupations Code section 2034.002 and related administrative rules.
Factual background
Toby Keeton challenged the Texas Racing Commission's application of Texas Occupations Code section 2034.002 and Texas Administrative Code sections 307.62, 319.3, and 319.304. He asserted due-process and rule-applicability claims and alleged that the Commission's application of the statutory and regulatory provisions was unconstitutional. The district court determined that Keeton had alleged facts sufficient to support that constitutional claim.
Procedural history
Toby Keeton v. Texas Racing Commission was filed in the 353rd Judicial District Court of Travis County. On October 9, 2025, Judge Aurora Martinez Jones, presiding over the 126th District Court of Travis County, denied the Commission's plea to the jurisdiction concerning Keeton's due-process and rule-applicability challenge and found that Keeton alleged sufficient facts to support a claim that the Commission's application of Texas Occupations Code section 2034.002 and related administrative rules was unconstitutional. The Commission filed this notice of appeal on October 21, 2025.