Flowers v. Texas Alcoholic Beverage Commission

At the onset, I disagree with the majority’s assessment that the original opinion, 777 S.W.2d 781 is still correct. That opinion was based on the premise that appellant failed to file a statement of facts, as noted by the court, when it stated at page 783: “In reality, we have nothing to review. ...” Now that we have a statement of facts, that prior opinion, while it reaches the same result of the majority in this opinion, can no longer be correct.

Aside from this trivial disagreement, I respectfully dissent to the affirmance. The test to be used in liquor license cases was set forth in State…