Texas Alcoholic Beverage Commission v. National Sportsman's Fraternal Order of Texas, Inc.

EVANS, Justice.

The Texas Alcoholic Beverage Commission appeals from the trial court’s judgment, entered after a nonjury trial, which set aside the Commission’s order denying certificate of exemption to the Sportsman’s Fraternal Order of Texas, Inc.

In its judgment the trial court found that the Sportsman’s Fraternal Order of Texas, Inc. was in fact a fraternal organization and that the Commission lacked authority to refuse an exemption certificate to a fraternal organization “before or without finding that the organization is not fraternal in nature.”

Article 666-6, Tex. Penal Code Aux. Laws…