Case law · Highest court · Texas

Texas Ass'n of Business v. Texas Air Control Board

Decided
May 5, 1993
Docket
C-9556
Status
Published
Jurisdiction
Texas

Cited 5,047 timesNo negative treatment found in this library

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How the opinion begins

OPINION CORNYN, Justice.

The Texas Association of Business (TAB), on behalf of its members, brought this declaratory judgment action seeking a ruling that statutes empowering two state administrative agencies to levy civil penalties for violations of their regulations conflict with the open courts and jury trial provisions of the Texas Constitution. The administrative agencies denied TAB’s claims, and along with two Intervenors,[1] filed counterclaims seeking a declaration [*442] that the same statutes and regulations comport with those constitutional provisions.

Following a bench trial, the trial court denied the relief sought by TAB, and as requested by the State and Intervenors, declared that section 4.041 of the Texas Clean Air Act, sections 26.136 and 27.1015 of the Texas Water Code, and section 8b of the Texas Solid Waste Disposal Act, as well as the rules and regulations promulgated under those statutes, are constitutional with regard to the open courts and jury trial provisions. We affirm the trial court’s judgment as it relates to TAB’s jury trial challenge and reverse its judgment as to TAB’s open courts challenge.

Cite this

Texas Ass'n of Business v. Texas Air Control Board, 852 S.W.2d 440 (1993)

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