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In this direct appeal, we consider whether an agency can, on remand after courts have considered
and affirmed the agency's decision in part, revisit an issue affirmed by the courts and reverse
the original result based on the same record. Based on the procedural history of this case, ...
Sterling Truck Corporation and Ford Motor Company appeal from the order by the Motor Vehicle
Board of the Texas Department of Transportation concluding that the companies improperly opposed
the transfer of truck sales franchises assigned to Metro Ford Truck Sales, Inc. The Board ...
... 2. Application of Law to Facts. "A person commits an offense if the person is intoxicated while
operating a motor vehicle in a public place." TEX. PENAL CODE ANN. ... Purposely causing or
restraining actual movement is not the only definition of `operating' a motor vehicle. ...