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PROCTOR v. ANDREWS

No. 97-1039.

972 S.W.2d 729 (1998)

Richard Dewayne PROCTOR, Hugh Glen Osborn, John Yeates, and Dan Morales, Attorney General of Texas, Petitioners, v. Mary ANDREWS, in her official capacity as Civil Service Director of The City of Lubbock, Texas and as Managing Director of Human Resources for The City of Lubbock, Texas, Ken Walker, in his official capacity, et al., Respondents.

Supreme Court of Texas.

Decided July 3, 1998.

Rehearing Overruled July 3, 1998.

Attorney(s) appearing for the Case

Nancy A. Trease, Austin, Denette Vaughn, Lubbock, B. Craig Deats, Austin, for Petitioners.

Jeffrey C. Hartsell, Cecil Kuhne, Lubbock, for Respondents.

PHILLIPS, Chief Justice, delivered the opinion for a unanimous Court.

Respondents' motion for rehearing is overruled. Our opinion of June 5, 1998, is withdrawn and the following substituted in its place.

We must determine whether section 143.057(d) of the Civil Service Act, TEX. LOC. GOV'T CODE §§ 143.001 -.134,1 violates the Texas Constitution either by impermissibly delegating...

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