James O. Gerst, Petitioners v. Orren L. Nixon, Respondents

Summary

The Texas Supreme Court affirmed the lower courts, holding that the Savings and Loan Commissioner’s negative findings were supported by substantial evidence and that the statutory provision requiring a pre‑ponderance‑of‑evidence review is unconstitutional under the state constitution’s separation‑of‑powers clause; the record of the Commissioner’s hearing is admissible for the substantial‑evidence test and the severability clause saves the remainder of the statute.