ON MOTION FOR REHEARING
Tates has filed a motion for rehearing in which he contends that we erred in (1) finding there was substantial evidence to support the finding of TEC that he was terminated for misconduct, (2) our application of the standard which the trial court is to use in the review of a TEC decision, and (3) overturning the judgment of the trial court. A consideration of the motion does not persuade us to add to the original address of these contentions or to change our original judgment, except in one respect.
The appeal of this cause was “taken from the decision of the trial court, in the same manner, as is provided in other civil cases.” Article 5221b-4(i). Conforma-bly, upon issuance of our judgment of reversal and rendition, we routinely ordered that Tates pay the costs occasioned by the appeal. Tex.R.App.P. 89. Now, however, TEC has brought to our attention the Texas Unemployment Compensation Act provision that: “No individual claiming benefits shall be charged fees of any kind in any proceeding under this Act by ... any court or any officer thereof.” Article 5221b-13(b).
Accordingly, and to reflect a proper order respecting costs occasioned by the appeal, our 17 March 1989 judgment is set aside, the judgment of the trial court is reversed, and judgment is here rendered affirming the decision of the Texas Employment Commission. Because TEC is the only party to this appeal not exempt from the payment of costs, the costs occasioned by the appeal are taxed against the Texas Employment Commission. Tex.R.App.P. 89. See, also, International Union of Elec., Etc. v. Texas Emp. Com., 346 S.W. 2d 649, 660 (Tex.Civ.App.—Texarkana), rev’d on other grounds, 163 Tex. 135, 352 S.W.2d 252 (1961).
The motion for rehearing is overruled.