State of Texas v. Rhine, Michael Joseph

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0912-08 THE STATE OF TEXAS v. MICHAEL JOSEPH RHINE, Appellee ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS DENTON COUNTY K ELLER, P.J., filed a concurring opinion in which M EYERS, H ERVEY, and H OLCOMB, JJ., joined. We granted review to determine whether the penal offense with which appellee was charged—violation of outdoor burning regulations1 for which a criminal penalty is attached under the Water Code2—violates the separation-of-powers provision of the Texas Constitution.3 In support 1 See TEX . ADMIN .…