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PRETZER v. MOTOR VEHICLE BD.

No. 03-0333.

138 S.W.3d 908 (2004)

Randy PRETZER, Scott Bossier, Bossier Chrysler-Dodge II, Inc., Petitioners, v. The MOTOR VEHICLE BOARD and Motor Vehicle Division of the Texas Department of Transportation, Respondents.

Supreme Court of Texas.

March 5, 2004.

Attorney(s) appearing for the Case

J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P., William R. Crocker, Law Office of William R. Crocker, Austin, for Petitioner.

Jeffrey S. Boyd, Thompson & Knight, Greg Abbott, Atty. Gen., Karen Watson Kornell, Barry Ross McBee, Edward D. Burbach, Nancy Olinger, Office of Attorney General, Austin, for Respondent.

ON MOTION FOR REHEARING

PER CURIAM.

This case raises the issue of whether the Texas Motor Vehicle Board has statutory authority to sanction persons who neither hold, nor are required to hold, a license from the Board, for engaging in conduct prohibited only to license holders and applicants. We conclude that it does not and consequently reverse in part and affirm in part the judgment of the court of appeals.1

The Motor...

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