State v. Houdaille Industries, Inc.

POPE, Justice.

The question presented is whether the State of Texas, in a suit to recover civil penalties authorized by section 16(b) of article 911b,1 the Motor Carrier Act, had to allege and prove that the violation was done with knowledge or intent. The State sued Houdaille Industries, Inc., to recover civil penalties and for judgment permanently enjoining Houdaille from aiding and abetting the transportation of its products over Texas highways by an uncertificated carrier. The State alleged that Houdaille *724on sixty-six separate occasions commencing on January 5, 1978, and continuing to…