Motor Vehicle Board v. El Paso Independent Automobile Dealers Ass'n

In this case, we consider whether the Texas Department of Transportation’s Motor Vehicle Board (“the Board”) waived its right to appeal a trial court judgment holding Texas Transportation Code sections 728.001 through 728.004 unconstitutional and enjoining the enforcement of those provisions. We hold that the Board did not waive its right to appeal. Accordingly, we reverse the court of appeals’ judgment dismissing the Board’s appeal and remand the case to that court to address the merits of the trial court’s decision.

Sections 728.001 through 728.004 of the Transportation Code — commonly known…