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PRUETT v. HARRIS COUNTY BAIL BOND BD.

No. 05-0283.

249 S.W.3d 447 (2008)

Carl R. PRUETT and National American Insurance Company, Petitioners, v. HARRIS COUNTY BAIL BOND BOARD et al., Respondents.

Supreme Court of Texas.

Decided March 28, 2008.

Attorney(s) appearing for the Case

David A. Furlow, Kevin J. Parks, Thompson & Knight, L.L.P., Stacy Kelly, MacIntyre & McCullouch LLP, Robert L. Pittsford, Kevin Pennell, Thompson & Knight, LLP, Houston, TX, for Petitioners.

Douglas M. Becker, Toni Hunter, Gray & Becker, P.C., Austin, TX, for Intervenors.

Bruce S. Powers, George Nachtigall, Michael A. Stafford, Harris County Attorneys, Sandra D. Hachem, Harris County Sr. Assistant Attorney, Houston, TX, for Respondents.

Paul K. Nesbitt, Kelly Sutter & Kendrick, Houston, TX, for Amicus Curiae.

Justice O'NEILL delivered the opinion of the Court.

In this case, we consider the extent of the Harris County Bail Bond Board's rule-making authority and the constitutionality of Board rules that restrict solicitation of bail bond customers. At issue are several restrictions prohibiting the solicitation of bail bond business (1) from an individual with an outstanding arrest warrant (the "open-warrant rule"), (2) within...

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