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HARTFORD CAS. INS. CO. v. STATE

No. 03-04-00072-CV.

159 S.W.3d 212 (2005)

HARTFORD CASUALTY INSURANCE COMPANY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

February 17, 2005.

Attorney(s) appearing for the Case

David W. Holman, Byron C. Keeling, Diana M. Sangalli, Holman & Keeling, James D. Cupples, Bridget Chapman, Williams, Cupples & Chapman, LLP, Houston, for appellant.

Jim Hill, David Randell, Asst. Atty's, Gen., Bankruptcy, Collections Division, Austin, for appellee.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.

OPINION

BEA ANN SMITH, Justice.

In this case, we construe finance code section 153.402(c)1 to determine whether the phrase "may collect from the proceeds of a bond" allows the State2 to collect from a surety an administrative penalty assessed against the surety's principal without first providing the surety with notice and opportunity for a hearing. Appellant, Hartford Casualty Insurance Company...

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