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Tjfa, L.P v. Texas Commission On Environmental Quality and Bfi Waste Systems of North America, Inc

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C O N C U R R I N G OPINION

I join in the majority’s opinion, but write separately to emphasize our deference to the Texas Supreme Court’s expressly stated “reluctan[ce] to conclude that a provision is jurisdictional, absent clear legislative intent to that effect,”*fn1 which furthers its policy “‘to reduce the vulnerability of final judgments to attack on the ground that the tribunal lacked subject matter jurisdiction.’”*fn2

I can think of few greater threats to the finality of a judgment than to deem post-filing service-of-citation requirements as jurisdictional. And given the Legislature’s use of the word “prerequisites” rather than the general word “requirements” in section 311.034 of the Code Construction Act,*fn3 I see no “clear legislative intent” to deem section 361.321(c)’s post-filing requirement for service of citation a jurisdictional prerequisite to suit.*fn4

 
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