¶1Randy Schaffer, Schaffer & Henley, Houston, TX, for Petitioner-Appellant.
¶2Edward Larry Marshall, Austin, TX, for Respondent-Appellee.
¶3ON PETITION FOR REHEARING EN BANC
¶4Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.
¶6A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
¶7IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.