Association of Texas Professional Educators v. Kirby

OPINION

RAY, Justice.

This is a direct appeal from a trial court judgment denying a temporary injunction in a suit challenging the constitutionality of House Bill 2566 (H.B. 2566), Seventy-First Legislature. The trial court expressly held that the “enrolled bill rule” precluded inquiry into the constitutional defects alleged by plaintiffs, even though the legislative journals and stipulated facts showed conclusively that the bill signed by the Governor had not been passed by the legislature. We hold that when the official legislative journals, testimony by the presiding officers of both houses,…