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ASSOCIATION OF TEXAS PRO. ED. v. KIRBY

No. C-9155.

788 S.W.2d 827 (1990)

The ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS, and Carolyn Little, Appellants, v. W.N. KIRBY, State Commissioner of Education, in his Official Capacity, Appellee.

Supreme Court of Texas.

Rehearing Overruled June 13, 1990.

Attorney(s) appearing for the Case

Mark W. Robinett, Jefferson K. Brim, III, Austin, for appellants.

Kevin T. O'Hanson, Austin, for appellee.

OPINION

RAY, Justice.

This is a direct appeal from a trial court judgment denying a temporary injunction in a suit challenging the constitutionality of House Bill 2566 (H.B. 2566), Seventy-First Legislature. The trial court expressly held that the "enrolled bill rule" precluded inquiry into the constitutional defects alleged by plaintiffs, even though the legislative journals and stipulated facts showed conclusively that the bill signed by the Governor had...

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