# Grace v. Structural Pest Control Bd. of Tex.

> Court of Appeals of Texas · May 28, 1981 · 620 S.W.2d 157

URL: https://www.frixlaw.com/law-library/cases/9863049

## Case

- **Full name:** James N. GRACE, D/B/A Grace Pest Control, Appellant, v. STRUCTURAL PEST CONTROL BOARD OF TEXAS, Et Al., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** May 28, 1981
- **Citations:** 620 S.W.2d 157; 1981 Tex. App. LEXIS 3731
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** McDONALD
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9863049

## How later opinions describe it (automated extraction)

- finding implied authority in Act to appoint hearing examiner

## Opinion text

OPINION ON REHEARING
Section VIII of appellant’s motion for rehearing asserts we erred in holding valid the Board’s punishment of reprimand because “Article 135b-6, Sec. 9(a) * * gives it powers only 1 to punish to ‘suspend or revoke a license, refuse to examine an applicant, refuse to issue a license, or refuse to renew a license’ * * ”.
Section 599.1 of Chapter 591, Part XXV Texas Structural Pest Control Board, of the Texas Administrative Code, p. 850, gives the Board the power to reprimand.
Moreover, the foregoing was assigned for the first time in appellant’s motion for rehearing and cannot be considered. Wright v. Gernandt, Tex.Civ.App. (Corpus Christi) NWH, 559 S.W.2d 864 ; Ramsey v. Dunlop, 146 Tex. 196 , 205 S.W.2d 979 ; Newman v. King, Tex., 433 S.W.2d 420 .
Section IX of appellant’s motion for rehearing asserts we erred in holding valid punishment voted by the board, “because the only punishment voted by the Board * * was on motion to reprimand Plaintiff, and that if such action occurs in the future his license will be removed or suspended”.
The Board’s Order contains no such language and orders appellant reprimanded only.
Appellant’s motion for rehearing is overruled.
. Emphasis added.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9863049. Public record. Not legal advice.