Supreme Court of Texas
Pruett v. Harris County Bail Bond Board, 05-0283
A legislative grant of authority under Tex. Occ. Code sections 1704.101-109 is sufficiently broad to permit the Board's promulgation of solicitation rules, and the Board did not act ultra vires in passing such rules. Rules prohibiting solicitation of bail bond business (1) from an individual with an outstanding arrest warrant and (2) within 24 hours after execution of an arrest warrant are a violation of 1st Amendment commercial speech rights; a rule prohibiting the solicitation of bail bond business during non-business hours is a valid regulation under the 1st Amendment.
Appellate Information
- Argued 12/06/2006
- Decided 03/28/2008
- Published 03/28/2008
Judges
- Justice O'NEILL delivered the opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- 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., Paul K. Nesbitt, Kelly Sutter & Kendrick, Houston, TX, for Amicus Curiae.
- For Appellees:
- Bruce S. Powers, George Nachtigall, Michael A. Stafford, Harris County Attorneys, Sandra D. Hachem, Harris County Sr. Assistant Attorney, Houston, TX, for Respondents.