City of Fort Worth v. Harty

I agree with the majority opinion, and write this concurring opinion in support of the holding of the majority.

We, as an appellate court, have the authority to examine legislative history of a relevant code provision even if it has not been presented to the trial court. See Boykin v. State, 818 S.W.2d 782 (Tex.Crim.App.1991); Dillehey v. State, 815 S.W.2d 623 (Tex.Crim. App.1991); Harris County Dist. Attorney’s Office v. J.T.S., 807 S.W.2d 572 (Tex.1991); Studer v. State, 799 S.W.2d 263 (Tex.Crim.App.1990). In Dillehey, Justice Miller attached an appendix to his majority opinion and explained…