State v. Apollo Transports, Inc.

KEITH, Justice.

The State appeals from an adverse judgment entered after a bench trial wherein it had sued for civil penalties and injunctive relief in its effort to enforce compliance with the provisions of the Texas Motor Carrier Act, Tex.Rev.Civ.Stat.Ann. art. 911b (1964) and as amended (Supp.1980) (“Act”).

The State alleged that the defendant had acted unlawfully on eleven separate days by transporting wood chips for compensation or hire over the public highways in commercial vehicles and trailers other than those authorized by the Railroad Commission in a Specialized Motor Carrier (SMC)…