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ANDERSON COURIER SERVICE v. STATE

No. 03-02-00332-CV.

104 S.W.3d 121 (2003)

ANDERSON COURIER SERVICE; ACC-A-FAX; Accident Review, Inc.; and Dr. Eric Randolph, Appellants, v. The STATE of Texas; Greg Abbott, in his official capacity as Attorney General for the State of Texas; and Ken Oden, in his official capacity as County Attorney for Travis County, Appellees.

Court of Appeals of Texas, Austin.

March 6, 2003.

Attorney(s) appearing for the Case

Javier P. Guajardo, Guajardo & Guajardo, Austin, Jose Garza, McAllen, Paige Harbison Saenz, Austin, for Appellants.

Sherine E. Thomas, Austin, for Ken Oden.

Heather L. Horton, Asst. Atty. Gen., Austin, for The State of Texas.

Before Justices YEAKEL, PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

In this case, we examine the constitutionality of House Bill 1544 ("H.B.1544"), which amended section 38 of the Texas Penal Code. The bill provides that a person commits a Class B misdemeanor if he uses certain accident report information obtained from the Texas Department of Public Safety or other governmental entity for pecuniary gain. Shortly after the bill was passed, Anderson Courier Service, ACC-A-FAX, Accident...

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