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TEXAS ENTERTAINMENT ASS'N, INC. v. COMBS

No. 03-12-00527-CV.

431 S.W.3d 790 (2014)

TEXAS ENTERTAINMENT ASSOCIATION, INC. and Karpod, Inc., Appellants Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas, Cross-Appellant v. Susan COMBS, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas, Appellees Texas Entertainment Association, Inc. and Karpod, Inc., Cross-Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 2, 2014.

Attorney(s) appearing for the Case

G. Stewart Whitehead , Elliot Clark , Winstead P.C., Austin, TX, for Appellants.

Kristofer S. Monson , Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Appellees.

Before Chief Justice JONES, Justices GOODWIN and FIELD.

OPINION

SCOTT K. FIELD, Justice.

This case concerns the constitutionality of subchapter B of chapter 102 of the Business and Commerce Code, which requires certain sexually oriented businesses to pay the State an amount equal to $5 for each customer who is admitted into each business. See Tex. Bus. & Com.Code §§ 102.052-.056; see also Combs v. Texas Entm't Ass'n, Inc., 287 S.W.3d 852,...

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