TEX. ASS'N OF BUSINESS v. AIR CONTROL BD.

No. C-9556.

852 S.W.2d 440 (1993)

TEXAS ASSOCIATION OF BUSINESS, Appellant, v. TEXAS AIR CONTROL BOARD and Texas Water Commission, Appellees.

Supreme Court of Texas.

Rehearing Overruled May 5, 1993.


Attorney(s) appearing for the Case

R. Kinnan Golemon, James W. Checkley, Jr., Albert R. Axe, Jr., Scott R. Kidd and Douglas W. Alexander, Austin, for appellant.

Douglas G. Caroom, Mary E. Kelly, Dan Morales, Nancy N. Lynch, William D. Dugat, III and Amy R. Johnson, Austin, for appellees.


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

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