Texas Vending Commission v. Headquarters Corp.

SHANNON, Justice.

The question for decision is whether Tex.Tax.-Gen.Ann. Art. 13.17, § 25, V.A.T. S., violates the “separation of powers” provision of the Texas Constitution, Tex. Const. Art. II, § 1, Vernon’s Ann.St. As we are of the opinion that it does, we will affirm the judgment of the trial court.

Appellants are the Texas Vending Commission and its Executive Director, Ivan Williams. Appellees are Headquarters Corporation and Action Import Co. The statute involved is Tex.Tax.-Gen.Ann. Art. 13.17, commonly known as the Vending Machine Act.

Pursuant to the provisions of Art. 13.17,…