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Click here for the full text of this decision FACTS: This case raises the issue of whether the Texas Motor Vehicle Board has statutory authority to sanction persons who neither hold, nor are required to hold, a license from the board, for engaging in conduct prohibited only to license holders and applicants. The board concluded that Bossier Country, Bossier Chrysler-Dodge II Inc. and Randy Pretzer had violated what were then �4.06(a)(5) and (6) of the Motor Vehicle Commission Code, �17.46 of the Texas Deceptive Trade Practices-Consumer Protection Act and what were then Articles 5069-7.02(1) and (6) of the Texas Consumer Credit Code related to motor vehicle installment sales. The board imposed civil penalties on Bossier Country, Bossier and Pretzer of $150,000, $5,000 and $25,000, respectively, and ordered them to cease and desist further statutory violations. The board also restricted Pretzer’s future involvement in marketing motor vehicles. On appeal, the district court concluded that the board had no jurisdiction over some of the violations for which it had imposed sanctions and therefore remanded the case for the board to reconsider the amounts of the civil penalties. The court of appeals concluded that the board’s jurisdiction over some of the violations was even further limited, and that the board lacked the power to restrict Pretzer’s future employment. The appeals court agreed that the case should be remanded to the board. The lower courts rejected the appellants’ numerous other arguments. Bossier Country, Bossier and Pretzer petitioned this Court for review. HOLDING: The court reverses that part of the court of appeals’ judgment upholding the board’s sanctions against Bossier and Pretzer, and affirms that part of the court of appeals’ judgment upholding the sanctions against Bossier Country, and remands the case to the district court, with instructions to remand the case to the board for further proceedings. The court does not decide whether the board’s authority under the applicable provisions would have allowed it to sanction Bossier Chrysler-Dodge II Inc. and Randy Pretzer for violating some part of the Texas Motor Vehicle Commission Code (the act) other than �4.06(a) because the board never alleged and did not find any such violation. The board was authorized by the Legislature to levy civil penalties and issue cease and desist orders for violations of the act or a board rule or order. The board could not enlarge that grant of authority. The only such violations found by the board were of a statute that plainly does not apply to someone who is neither a licensee nor an applicant. The court is mindful of the rule that a reviewing court is not bound by the reasons given by an agency in its order, provided there is a valid basis for the action taken by the agency. But this rule does not permit the court to find violations in the first instance. The “action taken by the agency” was to sanction Bossier and Pretzer for violating a statute that did not apply to them. There is no valid basis for that. The board argues that after it sanctioned violations of �4.06(a) by persons who were not licensees or applicants in the past, the Legislature amended the statute, thus acquiescing in its exercise of authority. The board also insists that the court defer to its construction and application of the statute. But neither legislative ratification nor judicial deference to an administrative interpretation can work a contradiction of plain statutory language. The board urges that if it is not authorized to sanction persons who are not licensees or applicants, fraudulent conduct like that in this case will go unpunished. The court does not address whether the board could impose sanctions for violations other than of �4.06(a). The court notes, however, that there are other enforcement mechanisms available. OPINION: Per curiam.

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