Texas Supreme Court June 22, 1983, C-1933 (Dearing v. Wright)

ROBERTSON, Justice,

concurring.

I concur in the result reached by the Court but cannot agree with its reasoning. The Court has implicitly abandoned the well settled rule that a suit to enjoin enforcement of a penal statute is a civil case. See, Passel v. Fort Worth Independent School District, 440 S.W.2d 61 (Tex.1969); City of Richardson v. Kaplan, 438 S.W.2d 366 (Tex.1969); City of Fort Worth v.