TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MARCH 20, 2013

NO. 03-11-00791-CV

Juan Enriquez, Appellant v. Brad Livingston, in his Official Capacity as the Executive Director of the Texas Department of Criminal Justice; Rick Thaler; John Rupert; Brian Tucker; and David Langston, Appellees

APPEAL FROM 200TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON AND ROSE REVERSED AND REMANDED ON MOTION FOR REHEARING -- OPINION BY CHIEF JUSTICE JONES; DISSENTING OPINION BY JUSTICE PEMBERTON

THIS DAY came on to be submitted to the Court appellees motion for rehearing, and the Court having fully considered same; and being of the opinion that same should be overruled. IT IS THE OPINION of this Court that there was error in the trial court’s judgment: IT IS THEREFORE considered, adjudged and ordered that the appellees’ motion for rehearing is overruled; and that the opinion and judgment of this court, dated November 8, 2012, are withdrawn; and this opinion and judgment are substituted in their places; and that the judgment of the trial court is reversed, and the cause is remanded to the trial court for further proceedings in accordance with this Court’s opinion. It is FURTHER ordered that the appellees pay all costs relating to this appeal, both in this Court and the court below; and that this decision be certified below for observance.