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BARBER v. TEXAS DEPT. OF TRANSP.

No. 03-00-00373-CV.

49 S.W.3d 12 (2001)

Pat BARBER, Appellant, v. TEXAS DEPARTMENT OF TRANSPORTATION; Charles W. Heald, P.E., Executive Director of the Texas Department of Transportation, in his Official Capacity; John P. Campbell, P.E., Director, Right-Of-Way Division, Texas Department of Transportation, in his Official Capacity; Bill Hale, P.E., Abilene District Engineer, Texas Department of Transportation, in his Official Capacity; Alvin Luedecke, Jr., P.E., Director of Transportation, Planning and Program, Texas Department of Transportation, in his Official Capacity; and John Cornyn, Attorney General of Texas, Appellees.

Court of Appeals of Texas, Austin.

April 5, 2001.

Attorney(s) appearing for the Case

James C. Harrington, Austin, for appellant.

Meredith B. Parenti, Assistant Solicitor General, Austin, for appellee.

Before Justices KIDD, YEAKEL and POWERS.

KIDD, Justice.

Pat Barber filed suit in Travis County District Court seeking a declaratory judgment that the Texas Highway Beautification Act ("the Texas HBA" or "the Act") was an unconstitutional infringement on his right to free speech under the federal and state constitutions. Barber also sought an injunction prohibiting enforcement of the Act by the Texas Department of Transportation, various officials within the Department...

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