ON REHEARING
DIXON, Chief Justice.In his motion for rehearing appellee calls our attention to the recent opinion of our Supreme Court in the case of Key Western Life Insurance Co. v. State Board of Insurance, Tex., 350 S.W.2d 839.
In the above case the Supreme Court held that an appeal de novo to the District Court from an order of the State Board of Insurance Commissioners should have been tried under the preponderance of evidence rule rather than the substantial evidence.rule. We have carefully considered the opinion and have concluded the holding of our Supreme Court there is not applicable here.
Art. 3.42(g) and Art. 21.44 of Sub-Chapter F, V.A.T.S. Insurance Code, as amended in 1957 and 1955 respectively, provide for appeals from orders of the Board of Insurance Commissioners. Art. 21.44 includes this provision: “The action shall not be limited to questions of law and the substantial evidence rule shall not apply, but such action shall be tried and determined upon a trial de novo to the same extent as now provided for in the case of an appeal from the Justice Court to the County Court.” The Supreme Court held that the above provision was not unconstitutional, and should have been complied with by the District Court.
The Legislature has not seen fit to include such a provision as the above in our laws relating to appeals from the State Board of Dental Examiners. Section (a) of the third part of Art. 4549, V.A.C.S. and Sec. 5 of Art. 752c of our Penal Code provide for appeals from the Board to the District Court. They state “Such District Court shall thereafter and under the rules of procedure applicable to other civil cases, proceed to set such cause for hearing as in other civil cases.” The above language has been in the statutes pertaining to dentistry since 1937.
Does such language, or similar language, mean that the trial in the District Court shall be under the preponderance of evidence rule rather than the substantial evidence rule? By judicial construction the answer has been given in favor of the substantial evidence rule. Texas State Board of Dental Examiners v. Fieldsmith, Tex.Civ.App., 242 S.W.2d 213 (Syl. 2), 26 A.L.R.2d 990; Tamez v. State Board of Dental Examiners, Tex.Civ.App., 154 S.W.2d 976 (Syl. 8). Similar interpretations have been given to other but similar statutes. Garner v. Texas State Board of Pharmacy, Tex.Civ.App., 304 S.W.2d 530 (Syl. 2); State Board of Examiners in Optometry v. Marlow, Tex.Civ.App., 257 S.W.2d 761 (Syl. 2); Jones v. Marsh, 148 Tex. 362, 224 S.W.2d 198.
Our Legislature has met several times since the above opinions were rendered. With knowledge of such opinions the Legislature has not seen fit to amend our statutes relating to the practice of dentistry as it has amended our Insurance Code in *192such manner as to abolish the substantial evidence rule in appeals from orders of the Insurance Board.
We are of the opinion that the substantial evidence rule is still in effect in regard to appeals to the District Court from an order of the State Board of Dental Examiners revoking a license.
The motion for rehearing is overruled.