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SHANNON v. STATE

Nos. 01-02-00400-CR, 01-02-00401-CR.

129 S.W.3d 670 (2004)

Craig D. SHANNON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled April 8, 2004.

Attorney(s) appearing for the Case

Michelle Marie Samadany-Farme, Lorance & Thompson, P.C., Houston, TX, for Appellant.

Bonita Carol Tolbert, Assistant City Attorney, Anthony W. Hall, Jr., City Attorney—Houston, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices NUCHIA and HANKS.

OPINION ON MOTION FOR REHEARING1

SHERRY RADACK, Chief Justice.

The issue in these appeals is whether the dormant commerce clause prohibits the City of Houston from passing an ordinance requiring transporters of non-hazardous waste to pay a flat fee to obtain the necessary licenses and permits required to pick up waste originating within the city limits. Appellant, Craig D. Shannon, was convicted in municipal court of failing...

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