CASE NO. 03-15-00363-CV

IN THE COURT OF APPEALS

FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS

TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

 

Appellant, 

v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C. 

 

Appellee. 

On Interlocutory Appeal from the 207TH District Court, Comal County, 

Texas; Cause No. C2015-0676B; before the Honorable Dib Waldrip 

 

APPELLANT’S BRIEF and APPENDIX

 

KEN PAXTON Pat Tulinski

Attorney General of Texas State Bar No. 20283485 

 Assistant Attorney General

CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE

First Assistant Attorney General P.O. Box 12548, Capitol Station

 Austin, Texas 78711-2548

JAMES E. DAVIS Telephone: (512) 475-4170

Deputy Attorney General for Facsimile: (512) 320-0167

Civil Litigation pat.tulinski@texasattorneygeneral.gov

 Attorneys for Appellant

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

ORAL ARGUMENT REQUESTED

ACCEPTED

03-15-00363-CV

6936678

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/15/2015 3:29:50 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/17/2015 4:17:50 PM JEFFREY D. KYLE Clerk
ii

IDENTITY OF PARTIES AND COUNSEL:

Appellant: Texas Department of Family & Protective Services (“DFPS”)

Counsel for Appellant:

Pat Tulinski

TBN 20283485

Assistant Attorney General

Texas Attorney General’s Office

Administrative Law Division

300 W. 15th Street, 10th Floor

Austin, Texas 78711

Tel. 512-475-4170

Fax 512-320-0167

Email: pat.tulinski@texasattorneygeneral.gov

Appellee: Brilliant Starts Learning Academy, LLC (“Daycare”)

Counsel for Appellee:

Gregory B. Cagle

TBN 00790414

1602B State Street

Houston, Texas 77007

Tel. 713-489-4789

Fax 713-489-4792

Email: gcagle@tmpalawyer.com

Scot R. Courtney

TBN 00790515

P.O. Box 787

San Marcos, Texas 78677-0787

Tel. 512-392-9292

Fax 512-532-6766
iii

TABLE OF CONTENTS

Identity of Parties and Counsel............................................................................................. ii

Index of Authorities.............................................................................................................. iv

I. Statement of the Case and Procedural History....................................................... 1

II. Request for Oral Argument..................................................................................... 2

III. Jurisdictional Statement............................................................................................ 2

IV. Standard of Review.................................................................................................... 2

V. Issue Presented.......................................................................................................... 4

VI. Statement of Facts and Argument.......................................................................... 4

VII. Conclusion and Prayer.............................................................................................. 8

VIII. Trap 9.4(I)(3) Certificate of Compliance ............................................................... 9

IX. Certificate of Service .............................................................................................. 10
iv

INDEX OF AUTHORITIES

Cases

Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002)............................................3

Landon v. Jean-Paul Budinger, Inc., 724 S.W.2d 931, 935-36 (Tex. App. – Austin 1987, 

no writ)....................................................................................................................3

Sonwalkar v. St. Luke’s Sugar Prop. Partnership, L.L.P., 394 S.W.3d 186, 197 (Tex. App. 

– Houston [1st Dist] 2012, no pet.)...........................................................................6

Statutes

Texas Civil Practice & Remedies Code § 51.014(a)(4) (West 2014)..............................2

Tex. Hum. Res. Code § 42.072(e) (West 2013) .................................................. passim

Tex. Civ. Prac. & Rem. Code Ann. § 65.001 (West 2008)............................................6
1

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant Texas Department of Family & Protective Services (“DFPS”) 

respectfully requests that this Court dissolve the Temporary Injunction issued by the 

District Court. 

I. Statement of the Case and Procedural History.

An employee of Brilliant Starts’ Learning Academy, LLC (“daycare”)

intentionally and routinely assaulted many children in care. RR Vol. 11 at 86 and 

Defendant’s Exhibit 12 (video excerpts of assaults). When DFPS became aware that 

2 of the 3 owners of the daycare were indicted on felony charges of failure to report 

child abuse, DFPS issued an emergency order, closing the daycare for 30 days, while 

DFPS attempted to complete an investigation concerning the injuries. RR Vol. 1 at 

91. On the daycare’s request, District Judge Dib Waldrip granted an ex parte

Temporary Restraining Order, effectively voiding DFPS’s emergency closure order 

and allowing the daycare to continue operating. See Order Dated May 4, 2015. 

DFPS then moved to dissolve the Temporary Restraining Order, which Judge 

Waldrip heard and denied. RR Vol 1 at 165. Having completed its investigation and 

having clarified with Judge Waldrip that his restraining order was not intended to 

 1

 Volume 1 is a court reporter’s record of the hearing on DFPS’s Motion to Dissolve TRO on 

May 11, 2015. All evidence from this hearing was subsequently admitted into evidence at the 

hearing on the Temporary Injunction (RR Vol 2 at 31) (May 15, 2015).

2 The Reporter’s Index to Exhibits erroneously reflects that this videotape was sealed by the trial 

court. However, the videotape was admitted into evidence without any conditions imposed by 
2

prevent DFPS from taking further action concerning the daycare’s license, DFPS 

made its determination and revoked the daycare’s license. Judge Waldrip 

subsequently granted a second ex parte Temporary Restraining Order allowing the 

daycare to continue operating. See Order Dated May 13, 2015. This second ex parte

TRO was entered even after counsel for DFPS had made a live appearance in court 

arguing the motion to dissolve. RR Vol. 2 at 5. Ultimately, after another hearing, 

Judge Waldrip granted the daycare’s request for a temporary injunction, allowing the 

daycare to continue operating – under specific conditions -- while it challenges, 

through the administrative process, the revocation of its license. DFPS is presently 

arguing to this Court that Judge Waldrip abused his discretion in granting the 

daycare’s request for a temporary injunction.

II. Request for Oral Argument.

Appellant believes oral argument will aid the Court in its decision.

III. Jurisdictional Statement

Under the authority of Texas Civil Practice & Remedies Code § 51.014(a)(4)

(West 2014), this Court has jurisdiction to consider this interlocutory appeal from 

the District Court’s granting of a Temporary Injunction.

IV. Standard of Review.

In an interlocutory appeal from a temporary injunction, appellate review is 

strictly limited to evaluating whether there has been an abuse of discretion. 

 

the trial court.
3

Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002) (emphasis added). A trial 

court’s action is not an abuse of discretion if the court exercises its discretion within 

the correct legal parameters. Landon v. Jean-Paul Budinger, Inc., 724 S.W.2d 931, 

935-36 (Tex. App. – Austin 1987, no writ). Thus, if the trial judge exercises a power 

of choice given him by law, and does so in a way that is lawful in every respect, he 

has commits no legal error. Id. Conversely, if the trial judge exercises a power of 

choice clearly not given to him by law, he has committed legal error and abused his 

discretion. Id.

Here, the trial judge failed to make the single determination specifically 

authorized by section 42.072(e) of the Human Resources Code. That section allows

a daycare to seek injunctive relief to allow continued operation during the pendency 

of an appeal of a license revocation if the daycare can show that there is no risk of 

harm to the health or safety of children. Tex. Hum. Res. Code § 42.072(e) (West 

2013). Specifically, the trial court may grant injunctive relief “only if the court finds 

that the child-care operation does not pose a health or safety risk to children.” Id. 

Thus the trial court committed legal error by venturing far beyond the legal 

parameters or authority granted to a district court by the Legislature in section 

42.072(e). The trial court’s Temporary Injunction attempts to cure the existence of 

a health or safety risk to children, by appointing a person to oversee the daycare. 

This is reversible error for two reasons: (1) the trial court’s attempted “fix” for the 

health or safety risk to children itself acknowledges the existence of a health or
4

safety risk; and (2) the Legislature did not grant the trial court the power to attempt 

to cure the health or safety risk to children; rather, the Legislature simply directed 

the trial court to determine whether there is a risk or not. If there is a risk, then the 

granting of a temporary injunction is error. The Legislature clearly did not give the 

trial court the power to find the existence of a risk to the health or safety of children 

and, despite the risk, substitute its judgment for that of DFPS and grant a temporary 

injunction allowing the daycare to continue operating. This is where the trial court 

abused his discretion.

V. ISSUE PRESENTED

Does a trial court abuse its discretion by granting a Temporary Injunction, 

under the statutory authority of Texas Human Resources Code § 42.072(e)

(potentially allowing a child-care operation to continue operating during its

administrative appeal of the revocation of its license), when the trial court finds a 

risk to the health or safety of children, then attempts to mitigate the risk by

imbedding conditions in the Temporary Injunction? Yes.

VI. Statement of Facts and Argument.

Because this appeal is limited to a single issue involving a legal error, DFPS 

presents a very brief summary of the facts to put the case in context for the Court, 

as the “facts” are not required for the Court to determine this appeal. 

In December 2014, an employee of the daycare injured a small child in care 

by lifting him off the ground and throwing him down on a thin mat. See RR Def. 
5

Ex.1 (Video). In the process, the child’s body struck a vertical surface before he 

struck the ground. Id. The abuse bloodied his face and shirt, bringing attention to 

the event. Id., RR Vol. 2 at 28. The daycare attempted to mislead the boy’s father, 

telling him that his son tripped and fell. RR Vol. 2 at 26-34. The father

subsequently reported the incident to the New Braunfels’ Police Department. RR 

Vol. 2 at 124. Also, a report was made by the daycare to DFPS, concerning this 

single incident which DFPS was subsequently told by the daycare resulted in the 

termination of the employee. RR Vol. 2 at 36. At the direct urging of the local 

police, the daycare was instructed to review the recorded video from that employee’s 

“classroom” to see if there was evidence of additional prior abuse. RR Vol. 2 at 124, 

132. The daycare’s video system taped over itself every two weeks, so evidence 

reflecting the activities of the employee in this classroom was available for the prior 

two-week period. RR Vol. 2 at 125. As it turns out, the employee had been 

repeatedly abusing the young children in her care, in the same manner. See RR Def. 

Ex. 1 (Video). DFPS first became aware of the two weeks of abuse to children, 

amounting to 15-17 reportable events of abuse, when the Comal County District 

Attorney brought the existence of the tape and the abuse to DPFS’s attention in 

February, 2015. RR Vol. 2 at 126. And, DFPS obtained the video evidence on 

March 17, 2015. RR Vol. 2 at 154. The daycare never reported any of the additional 

15-17 instances of child abuse to DFPS, as required by law. RR Vol. 2 at 111, 117. 

In April, 2014, the Comal County grand jury indicted two of the three owners of the 
6

daycare for failure to report child abuse with intent to conceal. RR Vol. 2 at 91. 

When that occurred, DFPS issued an emergency closure order, closing the daycare 

for 30 days while DFPS could investigate the concealment allegations. RR Vol. 2 at 

92-93, 156. This order was the subject of the first ex parte TRO issued by Judge 

Waldrip. The subject of the second ex parte TRO issued by Judge Waldrip was 

DFPS’s revocation of the daycare’s license. 

When a daycare’s license is revoked, and DFPS shuts down the facility, the 

daycare has a remedy under Texas Human Resources Code § 42.072(e), stating in 

relevant part:

A person who has been notified by the department that the facility or 

home may not operate under this section may seek injunctive relief 

from a district court in Travis County or in the county in which the 

facility or home is located to allow operation during the pendency of 

an appeal. The court may grant injunctive relief against the 

department’s action only if the court finds that the child-care 

operation does not pose a health or safety risk to children. 

 

Tex. Hum. Res. Code § 42.072(e) (West 2013) (emphasis added). 

This statute is the sole legal authority under which the trial court could grant 

an injunction in this case. When an applicant for an injunction relies on a statute 

that defines the requirements for injunctive relief, then the express statutory 

language supersedes any common-law requirements for the issuance of an 

injunction. Sonwalkar v. St. Luke’s Sugar Prop. Partnership, L.L.P., 394 S.W.3d 186, 197 

(Tex. App. – Houston [1st Dist] 2012, no pet.); see also Tex. Civ. Prac. & Rem. Code 

Ann. § 65.001 (West 2008) (“The principles governing courts of equity govern 
7

injunction proceedings if not in conflict with this chapter or other law.”) (emphasis 

added). Thus, this Court must solely look at the express language of section 

42.072(e) to resolve this case.

Clearly the statute provides that the district court’s role is to determine 

whether or not the daycare poses a health or safety risk to children – that is all. The 

Legislature made no provision for a trial court to substitute its judgment for that of 

DFPS, determine that there is risk to children, attempt to mitigate the risk, and then

grant the injunction against the Department.

That is precisely what the trial court did in this case. The Temporary 

Injunction sets out certain terms that are directed toward mitigating the health or 

safety risk to children, by appointing an independent person to be present at the 

daycare ten hours a week to, presumably, help reduce the risk to the health or safety 

of children. The existence of the conditions that the trial court placed on the 

daycare demonstrate that, as a matter of fact and law, the trial court found a risk to 

the health or safety of children at the daycare. This was beyond the power granted 

by the Legislature to the district court. And it was error. The Legislature tasked the 

district court with calling balls and strikes, not throwing the pitches. Once the trial 

court found that there was a risk to the health or safety of the children, he had but 

one option – deny the requested injunctive relief.

As DFPS detailed under its discussion of the standard of review, it is an abuse 

of discretion for a trial court to venture beyond the legal parameters set out by the 
8

Legislature. In this case, the trial courts actions speak far louder than its words. 

The trial court denied the existence of risk to the health or safety of children, then 

he went forward to attempt to mitigate that very risk. On its face, the Temporary 

Injunction demonstrates that the trial court believed there was a risk to the health 

and safety of children.

VII. Conclusion and Prayer.

The trial court’s order granting an injunction against DFPS is fatally flawed. 

The test set out for the trial court by the Legislature was to make a determination of 

whether there was a risk to the safety or health of children in care. Once the trial 

court determined there was such a risk, he did not have the legal authority to 

attempt to mitigate the risk yet still grant the injunction. Clearly, based on the trial 

court’s actions, it was determined to allow the daycare to continue to operate 

regardless of the risk to children. Only then does the trial court find it necessary to 

attempt to mitigate the existing risk. This was beyond the legal authority granted to 

the district court by the Legislature. And, it constitutes a relatively rare clear 

example of a reversible abuse of discretion.

WHEREFORE, PREMISES CONSIDERED, the Texas Department of 

Family & Protective Services respectfully prays that this Court reverse the decision 

of the trial court and dissolve the Temporary Injunction. The Department further 

requests any additional relief, at law or in equity, to which it may be justly entitled.

SIGNED this 15th day of September, 2015. 
9

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. 

Chief, Administrative Law Division

/s/ Pat Tulinski

Pat Tulinski

TBN 20283485 

Assistant Texas Attorney General

Administrative Law Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 475-4170

Facsimile: (512) 320-0167

pat.tulinski@texasattorneygeneral.gov

VIII. TRAP 9.4(i)(3) CERTIFICATE OF COMPLIANCE

This brief was prepared with a conventional 14-point typeface, with footnotes in 12-

point typeface. The computer program used to prepare this document determined 

the word count to be 2,340 which includes all words contained in this brief, 

excepting the cover page and index of authorities.
10

IX. CERTIFICATE OF SERVICE

I certify that, on September 15, 2015, a true and correct copy of the Appellant’s 

Brief and Appendix was served on the party of record as shown below:

Brilliant Starts Learning Gregory B. Cagle

Academy, L.L.C. Regional Attorney

Appellee Texas Municipal Police Association

1602B State St.

Houston, TX 77007

Telephone: (713) 489-4789

Facsimile: (713) 489-4792

gcagle@tmpalawyer.com

/s/ Pat Tulinski

Pat Tulinski
Appendix A

Order Granting Injunction

(May 19, 2015)
t

CAUSE NO. C2015-06768

BRILLIANT STARTS LEARNING

ACADEMY, L.L.C.

IN THE DISTRICT COURT

v z0TthJUDICIAL

TEXAS DEPARTMENT OF f,'AMILY

AND PROTECTIVE SERVICES coMAL COUNTY,

ORDER GRANTING INJUNCTION Þ

c

i

'l'he petition of BIIILLIANI'SI"ARTS LEARNING ACA:DEMYT, LJ.',C, plaintiff in

this cause, for a temporary injunction came on regularly for hearing this day, due notice having

been given. The parlies appeared in person and by their attorneys. On considering the evidence

received and the argument of coirnsel, the Clourt finds and concludes that plaintiff will probably

prevail on the trial ofithis cause; that'l'exas Department of Family and Pr<¡tective

Services., defendant, has unilaterally and without a hearing closed the Plaintiffls business and

before the Court can rencler judgment in this oause; that if detbndant is permitted to keep the

a

J

Plaintiff closed, the Plaintiff will suffer ineparable harm and tend to tnake ineffectual a judgment

in favor of the plaintiff, and plaintifï. will be without any adequate remedy at law in that their'

customers will have enrolled in other facilities, their ernployees will lose their jobs, and the

children enrolled in the facility will have to fìncl altemative cu..alxe €ovwtiÀlùf Tr',\ç-ít4é Ñ-)

Qn,rrnrF ù€s f,rür?xtr A b64r'r¡l o3- g\ç:ÛV al\L-Íþ CAllco'zq'¡ 

'

IT IS, THEREFORE, ORDERED that the Texas Departrnent of Family and Protective

Services, is commanded forthwith to withdraw the limergency Suspension and Closwe Order

and desist ancl refrain frorn issuing a subsequent

closure until judgment in this cause is renclered by

Administrative Heari ng s t*ecfu¿q'ë p¡ ¡[ftL'

1r r I ILJû OûD6f¿4Ð.TlJ/lf

R@,¡ìÉ'O -ro A,.r5.4ÏlJs Co$rRq,uyô ?ef¿S0il

Drf,T LVrÞúú R6;en¡,¡a;,fr r;,lts'ta?'fTøzeiS u¿¡rÁ tls¡,,lt ,g s¡æ:y)g¡¡la-fDTNe Cfiu¡V6¡m2.

¿-

-nté"É,?s¿ù DO(ilr.¡trED SN¡r,t RetucrÁug Vru.ciroNS DIS C¡VCT.Ð Tò f¡AtrcuÒA'Jf ÀÌ'rb ù7.)

'\W Cot/rq- '

$

$

$

$

$

$

$

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ooôr 3gÈã

x

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|.

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I

IT IS FURTHIIR ORDERED that trial on the merits of this cause is orderecl set

for

This order shall not be

a bond, in conformity witlr the

SIGNED on

I r 3løtto

I

and files with the clerk

dollars. The plaintifl

shall also maintain their current level of liability inrur^r...lc ,Þù PàlTtrJ f?rxle]íT6 ^ t

fø¿r* Âqa 

^: 

ç6úp,\ fæ-l-¡rs-1(¡pæ{tJ )e$ì$rsr,r\ . 

(Wn l NruaA/eÐ Æ,J

The clerk shall forthwith, on the filing by plaintiff of the bond, and orr approving the

bond according to the law, isstre a tcmporary injmction in conformity with the law and the terms

ofthis order,

201 s.
Appendix B

Human Resources Code 42.072
V.T.C.A., Human Resources Code § 42.072 Page 1

© 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

Effective: April 2, 2015

Vernon's Texas Statutes and Codes Annotated Currentness

Human Resources Code (Refs & Annos)

Title 2. Human Services and Protective Services in General (Refs & Annos)

Subtitle D. Department of Family and Protective Services; Child Welfare and Protective Services

Chapter 42. Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services 

(Refs & Annos)

Subchapter D. Remedies

§ 42.072. License, Listing, or Registration Denial, Suspension, or Revocation

(a) The department may suspend, deny, revoke, or refuse to renew the license, listing, registration, or certification of 

approval of a facility or family home that does not comply with the requirements of this chapter, department standards 

and rules , or the specific terms of the license, listing, registration, or certification. The department may revoke the 

probation of a person whose license, listing, or registration is suspended if the person violates a term of the conditions 

of probation.

(b) If the department proposes to take an action under Subsection (a), the person is entitled to a hearing conducted by 

the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by the administrative 

procedure law, Chapter 2001, Government Code. An action under this section, including a revocation of a person's 

license, is a contested case as defined by Chapter 2001, Government Code, and is subject to judicial review under the 

substantial evidence rule in accordance with that chapter. Rules of practice adopted by the executive commissioner 

under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict 

with rules adopted by the State Office of Administrative Hearings.

(c) The department may not issue a license, listing, registration, or certification to a person whose license, listing, 

registration, or certification is revoked or whose application for a license, listing, registration, or certification is denied 

for a substantive reason under this chapter before the fifth anniversary of the date on which the revocation takes effect 

by department or court order or the decision to deny the application is final.

(c-1) A person described by Subsection (c) may not be a controlling person in any facility or family home during the 

five-year period in which the person is ineligible to receive a license, listing, registration, or certification.

(d) The executive commissioner by rule may provide for denial of an application or renewal for a licensed facility or 

for listing or registering a family home or may revoke a facility's license or a family home's listing or registration 

based on findings of background or criminal history as a result of a background or criminal history check.
V.T.C.A., Human Resources Code § 42.072 Page 2

© 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

(e) A person may continue to operate a facility or family home during an appeal of a license, listing, or registration 

revocation unless the operation of the facility or family home poses a risk to the health or safety of children. The 

executive commissioner shall by rule establish the criteria for determining whether the operation of a facility or family 

home poses a risk to the health or safety of children. The department shall notify the facility or family home of the 

criteria the department used to determine that the operation of the facility or family home poses a risk to health or 

safety and that the facility or family home may not operate. A person who has been notified by the department that the 

facility or home may not operate under this section may seek injunctive relief from a district court in Travis County or 

in the county in which the facility or home is located to allow operation during the pendency of an appeal. The court 

may grant injunctive relief against the department's action only if the court finds that the child-care operation does not 

pose a health or safety risk to children. A court granting injunctive relief under this subsection shall have no other 

jurisdiction over an appeal of final department action unless conferred by Chapter 2001, Government Code.

(f) The department shall deny an application or renewal for listing or registering a family home or shall revoke a 

family home's listing or registration if the results of a background or criminal history check conducted by the department under Section 42.056 show that a person has been convicted of an offense under Title 5 [FN1] or 6, [FN2]

Penal Code, or Chapter 43, Penal Code.

(g) Notwithstanding Subsection (c), the department may refuse to issue a license, listing, registration, or certification 

to:

(1) a person whose license, listing, registration, or certification for a facility or family home was revoked by the 

department or by court order;

(2) a person who was a controlling person of a facility or family home at the time conduct occurred that resulted in 

the revocation of the license, listing, registration, or certification of the facility or family home;

(3) a person who voluntarily closed a facility or family home or relinquished the person's license, listing, registration, or certification after:

(A) the department took an action under Subsection (a) in relation to the facility, family home, or person; or

(B) the person received notice that the department intended to take an action under Subsection (a) in relation to the 

facility, family home, or person; or

(4) a person who was a controlling person of a facility or family home at the time conduct occurred that resulted in 

the closure of the facility or family home or relinquishment of the license, listing, registration, or certification in the 

manner described by Subdivision (3).

CREDIT(S)
V.T.C.A., Human Resources Code § 42.072 Page 3

© 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 111, ch. 23, 

§ 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 977, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 5.95(49), 

eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, § 37, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, § 7, eff. 

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, § 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, § 11, eff. Sept. 1, 

2001; Acts 2005, 79th Leg., ch. 268, § 1.107, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 526, § 3, eff. Sept. 1, 2005; 

Acts 2009, 81st Leg., ch. 720, § 13, eff. Sept. 1, 2010; Acts 2011, 82nd Leg., ch. 1082 (S.B. 1178), § 8, eff. Sept. 1, 

2011; Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 4.237, eff. April 2, 2015.

[FN1] V.T.C.A., Penal Code § 19.01 et seq.

[FN2] V.T.C.A., Penal Code § 25.01 et seq.

HISTORICAL AND STATUTORY NOTES

2013 Main Volume

Section 21(a) of Acts 2009, 81st Leg., ch. 720 provides:

“Sec. 21. (a) The change in law made by this Act to Subsection (c), Section 42.072, Human Resources Code, applies 

only to the issuance of a license, listing, registration, or certification to a person whose license, listing, registration, or 

certification is revoked or whose application for a license, listing, registration, or certification is denied for a substantive reason on or after the effective date [Sept. 1, 2010] of this Act. The issuance of a license, listing, registration,

or certification to a person whose license, listing, registration, or certification was revoked or whose application for a 

license, listing, registration, or certification was denied for a substantive reason before the effective date of this Act is

governed by the law in effect when the license, listing, registration, or certification was revoked or the application was 

denied for a substantive reason, and the former law is continued in effect for that purpose.”

Prior Laws:

Acts 1939, 46th Leg., p. 544.

Acts 1941, 47th Leg., p. 914, ch. 562, § 1.

Acts 1949, 51st Leg., p. 743, ch. 402, § 1.

Vernon's Ann.Civ.St. art. 695c, § 8(a), subsec. 7.

Acts 1975, 64th Leg., p. 2248, ch. 708, §§ 19, 26.

Vernon's Ann.Civ.St. art. 695a-3, § 19.
V.T.C.A., Human Resources Code § 42.072 Page 4

© 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

CROSS REFERENCES

Administrative procedure and practice, see V.T.C.A., Government Code § 2001.001 et seq.

License denial, revocation, suspension, or refusal to renew and reprimand or probation, regulation of child-care 

and child-placing agency administrators, see V.T.C.A., Human Resources Code § 43.010. 

LAW REVIEW COMMENTARIES

Decisionmaker neutrality: Martin Luther King Community Center foster group home. Elwyn C. Lee, 46 Tex.B.J. 812 

(1983).

LIBRARY REFERENCES

2013 Main Volume

Infants 1382.

Westlaw Topic No. 211.

RESEARCH REFERENCES

2015 Electronic Update

Encyclopedias

TX Jur. 3d Family Law § 2286, Registration of Family Homes; Advertisement.

TX Jur. 3d Family Law § 2295, Generally; Grounds.

TX Jur. 3d Family Law § 2296, Effect of Revocation.

TX Jur. 3d Family Law § 2299, Effect of Appeal.

NOTES OF DECISIONS

Criminal conviction 2

Judicial review 1

1. Judicial review
V.T.C.A., Human Resources Code § 42.072 Page 5

© 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

Operator of child-care facility exhausted all available administrative remedies by appealing revocation of its operator's 

license by the Texas Department of Protective and Regulatory Services (TDPRS) to the State Office of Administrative 

Hearings (SOAH), and thus had a statutory right to judicial review of that decision. Mega Child Care, Inc. v. Texas 

Dept. of Protective and Regulatory Services (App. 1 Dist. 2002) 81 S.W.3d 470, affirmed. Asylums And Assisted 

Living Facilities 31; Infants 1385; Infants 1403

Trial court should not have reviewed decision of Department of Human Resources (now, Department of Human 

Services) to revoke and not renew license to operate child day-care center under substantial evidence rule, but should 

have granted trial de novo; restatement of law of judicial review of agency action sanctions review under substantial 

evidence rule only if manner of review authorized by law for decision complained of is other than trial de novo, and § 

42.072(h), under which plaintiffs sought judicial review, provided for trial de novo. Bishop v. Martin (App. 7 Dist. 

1987) 740 S.W.2d 892, writ denied. Administrative Law And Procedure 744.1; Administrative Law And Procedure 791; Infants 1403

2. Criminal conviction

The Texas Department of Protective and Regulatory Services may revoke the license of a child-care facility operator 

who was convicted of a criminal offense. Tex. Atty. Gen. Op., No. JC-0130 (1990).

V. T. C. A., Human Resources Code § 42.072, TX HUM RES § 42.072

Current through Chapters effective immediately through Chapter 46 of the 2015 Regular Session of the 84th Legislature

(C) 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

END OF DOCUMENT
TX HUM RES § 42.072 Page 1

V.T.C.A., Human Resources Code § 42.072

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Proposed Legislation

1 2015 TX H.B. 550 (NS), 2015 Texas House Bill No. 550, Texas Eighty-Fourth Legislature, (Feb 18, 2015), 

VERSION: Introduced, PROPOSED ACTION: Amended.

2 2015 TX H.B. 550 (NS), 2015 Texas House Bill No. 550, Texas Eighty-Fourth Legislature, (Dec 19, 2014), 

VERSION: Prefiled, PROPOSED ACTION: Amended.

Bill Drafts

1 2015 TX S.B., 2015 Texas Senate Bill No. 219, Texas Eighty-Fourth Legislature, (Apr 02, 2015), VERSION: 

Adopted, ACTION: Amended. Updating Legislation: 2015 Tex. Sess. Law Serv. Ch. 1 (S.B. 219) 

(VERNON'S)

2 2015 TX S.B., 2015 Texas Senate Bill No. 219, Texas Eighty-Fourth Legislature, (Mar 30, 2015), VERSION: 

Enrolled, ACTION: Amended. Updating Legislation: 2015 Tex. Sess. Law Serv. Ch. 1 (S.B. 219) 

(VERNON'S)

3 2015 TX S.B., 2015 Texas Senate Bill No. 219, Texas Eighty-Fourth Legislature, (Mar 19, 2015), VERSION: 

Engrossed, ACTION: Amended. Updating Legislation: 2015 Tex. Sess. Law Serv. Ch. 1 (S.B. 219) 

(VERNON'S)

4 2015 TX S.B., 2015 Texas Senate Bill No. 219, Texas Eighty-Fourth Legislature, (Mar 09, 2015), VERSION: 

Amended/Substituted, ACTION: Amended. Updating Legislation: 2015 Tex. Sess. Law Serv. Ch. 1 (S.B. 

219) (VERNON'S)

5 2015 TX S.B., 2015 Texas Senate Bill No. 219, Texas Eighty-Fourth Legislature, (Jan 28, 2015), VERSION: 

Introduced, ACTION: Amended. Updating Legislation: 2015 Tex. Sess. Law Serv. Ch. 1 (S.B. 219) 

(VERNON'S)

6 2015 TX S.B., 2015 Texas Senate Bill No. 219, Texas Eighty-Fourth Legislature, (Dec 19, 2014), VERSION: 

Prefiled, ACTION: Amended. Updating Legislation: 2015 Tex. Sess. Law Serv. Ch. 1 (S.B. 219) 

(VERNON'S)

7 2011 TX S.B., 2011 Texas Senate Bill No. 1178, Texas Eighty-Second Legislature, (Jun 17, 2011), VERSION: Adopted, ACTION: Amended. Updating Legislation: 2011 Tex. Sess. Law Serv. Ch. 1082 (S.B. 1178) 
TX HUM RES § 42.072 Page 2

V.T.C.A., Human Resources Code § 42.072

© 2015 Thomson Reuters. All rights reserved.

(VERNON'S)

8 2011 TX S.B., 2011 Texas Senate Bill No. 1178, Texas Eighty-Second Legislature, (May 27, 2011), VERSION: Enrolled, ACTION: Amended. Updating Legislation: 2011 Tex. Sess. Law Serv. Ch. 1082 (S.B. 1178) 

(VERNON'S)

9 2011 TX S.B., 2011 Texas Senate Bill No. 1178, Texas Eighty-Second Legislature, (Apr 21, 2011), VERSION: Engrossed, ACTION: Amended. Updating Legislation: 2011 Tex. Sess. Law Serv. Ch. 1082 (S.B. 

1178) (VERNON'S)

10 2011 TX S.B., 2011 Texas Senate Bill No. 1178, Texas Eighty-Second Legislature, (Apr 07, 2011), VERSION: Amended/Substituted, ACTION: Amended. Updating Legislation: 2011 Tex. Sess. Law Serv. Ch. 

1082 (S.B. 1178) (VERNON'S)

11 2011 TX S.B., 2011 Texas Senate Bill No. 1178, Texas Eighty-Second Legislature, (Mar 04, 2011), VERSION: Introduced, ACTION: Amended. Updating Legislation: 2011 Tex. Sess. Law Serv. Ch. 1082 (S.B. 

1178) (VERNON'S)

12 2009 TX S.B., 2009 Texas Senate Bill No. 68, Texas Eighty-First Legislature (FULL TEXT - NETSCAN), 

(Jun 19, 2009), VERSION: Adopted, ACTION: Amended. Updating Legislation: 2009 Tex. Sess. Law Serv. 

Ch. 720 (S.B. 68) (VERNON’S)

13 2009 TX S.B., 2009 Texas Senate Bill No. 68, Texas Eighty-First Legislature (FULL TEXT - NETSCAN), 

(May 28, 2009), VERSION: Enrolled, ACTION: Amended. Updating Legislation: 2009 Tex. Sess. Law Serv. 

Ch. 720 (S.B. 68) (VERNON’S)

14 2009 TX S.B., 2009 Texas Senate Bill No. 68, Texas Eighty-First Legislature (FULL TEXT - NETSCAN), 

(Apr 02, 2009), VERSION: Engrossed, ACTION: Amended. Updating Legislation: 2009 Tex. Sess. Law Serv. 

Ch. 720 (S.B. 68) (VERNON’S)

15 2009 TX S.B., 2009 Texas Senate Bill No. 68, Texas Eighty-First Legislature (FULL TEXT - NETSCAN), 

(Mar 23, 2009), VERSION: Amended/Substituted, ACTION: Amended. Updating Legislation: 2009 Tex. 

Sess. Law Serv. Ch. 720 (S.B. 68) (VERNON’S)

16 2009 TX S.B., 2009 Texas Senate Bill No. 68, Texas Eighty-First Legislature (FULL TEXT - NETSCAN), 

(Feb 10, 2009), VERSION: Introduced, ACTION: Amended. Updating Legislation: 2009 Tex. Sess. Law 

Serv. Ch. 720 (S.B. 68) (VERNON’S)

17 2009 TX S.B., 2009 Texas Senate Bill No. 68, Texas Eighty-First Legislature (FULL TEXT - NETSCAN), 

(Nov 10, 2008), VERSION: Prefiled, ACTION: Amended. Updating Legislation: 2009 Tex. Sess. Law Serv. 

Ch. 720 (S.B. 68) (VERNON’S)
TX HUM RES § 42.072 Page 3

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18 2005 TX H.B., 2005 Texas House Bill No. 877, Texas Seventy-Ninth Legislature (FULL TEXT -

NETSCAN), (Jun 17, 2005), ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. Ch. 526 

(H.B. 877) (VERNON’S)

19 2005 TX H.B., 2005 Texas House Bill No. 877, Texas Seventy-Ninth Legislature (FULL TEXT -

NETSCAN), (May 21, 2005), ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. Ch. 526 

(H.B. 877) (VERNON’S)

20 2005 TX H.B., 2005 Texas House Bill No. 877, Texas Seventy-Ninth Legislature (FULL TEXT -

NETSCAN), (Apr 29, 2005), ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. Ch. 526 

(H.B. 877) (VERNON’S)

21 2005 TX S.B., 2005 Texas Senate Bill No. 6, Texas Seventy-Ninth Legislature (FULL TEXT - NETSCAN), 

(Jun 06, 2005), ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. Ch. 268 (S.B. 6) 

(VERNON’S)

22 2005 TX S.B., 2005 Texas Senate Bill No. 6, Texas Seventy-Ninth Legislature (FULL TEXT - NETSCAN), 

(May 29, 2005), ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. Ch. 268 (S.B. 6) 

(VERNON’S)

23 2005 TX S.B., 2005 Texas Senate Bill No. 6, Texas Seventy-Ninth Legislature (FULL TEXT - NETSCAN), 

(Mar 03, 2005), ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. Ch. 268 (S.B. 6) 

(VERNON’S)

24 2005 TX S.B., 2005 Texas Senate Bill No. 6, Texas Seventy-Ninth Legislature (FULL TEXT - NETSCAN), 

(Jan 31, 2005), ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. Ch. 268 (S.B. 6) 

(VERNON’S)

25 2005 TX S.B., 2005 Texas Senate Bill No. 6, Texas Seventy-Ninth Legislature (FULL TEXT - NETSCAN), 

(Dec 07, 2004), VERSION: Prefiled, ACTION: Amended. Updating Legislation: 2005 Tex. Sess. Law Serv. 

Ch. 268 (S.B. 6) (VERNON’S)

Reports and Related Materials

Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 4.237, eff. April 2, 2015

Reports

TX Bill Tracking, 2015 TX S.B. 219 (NS), April 02, 2015
TX HUM RES § 42.072 Page 4

V.T.C.A., Human Resources Code § 42.072

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TEXAS COMMITTEE REPORT, 2015 TX S.B. 219 (NS), March 24, 2015

TEXAS FISCAL NOTE, 2015 TX S.B. 219 (NS), February 24, 2015

TEXAS COMMITTEE REPORT, 2015 TX S.B. 219 (NS), December 19, 2014

Journals

Texas House Journal, 84th Legislature, Regular Session, 75th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 75, May 21, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 54th Legislative Day, TX S. Jour., 2015 Reg. Sess.

No. 54, May 20, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 52nd Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 52, May 18, 2015

Texas House Journal, 84th Legislature, Regular Session, 67th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 67, May 11, 2015

Texas House Journal, 84th Legislature, Regular Session, 65th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 65, May 07, 2015

Texas House Journal, 84th Legislature, Regular Session, 64th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 64, May 06, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 45th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 45, May 04, 2015

Texas House Journal, 84th Legislature, Regular Session, 61st Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 61, May 01, 2015

Texas House Journal, 84th Legislature, Regular Session, 59th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 59, April 29, 2015

Texas House Journal, 84th Legislature, Regular Session, 56th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 56, April 23, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 39th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 39, April 22, 2015
TX HUM RES § 42.072 Page 5

V.T.C.A., Human Resources Code § 42.072

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Texas Senate Journal, 84th Legislature, Regular Session, 38th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 38, April 21, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 37th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 37, April 20, 2015

Texas House Journal, 84th Legislature, Regular Session, 53rd Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 53, April 20, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 36th Legislative Day, TX S. Jour., 2015 Reg. Sess.

No. 36, April 16, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 36th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 36, April 15, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 34th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 34, April 13, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 32nd Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 32, April 09, 2015

Texas House Journal, 84th Legislature, Regular Session, 45th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 45, April 08, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 31st Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 31, April 07, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 29th Legislative Day, TX S. Jour., 2015 Reg. Sess.

No. 29, March 31, 2015

Texas House Journal, 84th Legislature, Regular Session, 40th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 40, March 30, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 28th Legislative Day, TX S. Jour., 2015 Reg. Sess.

No. 28, March 30, 2015

Texas House Journal, 84th Legislature, Regular Session, 39th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 39, March 26, 2015
TX HUM RES § 42.072 Page 6

V.T.C.A., Human Resources Code § 42.072

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Texas House Journal, 84th Legislature, Regular Session, 38th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 38, March 25, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 26th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 26, March 23, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 25th Legislative Day, TX S. Jour., 2015 Reg. Sess.

No. 25, March 19, 2015

Texas House Journal, 84th Legislature, Regular Session, 35th Legislative Day, TX H.R. Jour., 2015 Reg. 

Sess. No. 35, March 19, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 23rd Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 23, March 17, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 19th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 19, March 09, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 17th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 17, March 03, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 16th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 16, March 02, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 5th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 5, February 02, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 4th Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 4, January 28, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 3rd Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 3, January 27, 2015

Texas Senate Journal, 84th Legislature, Regular Session, 2nd Legislative Day, TX S. Jour., 2015 Reg. Sess. 

No. 2, January 21, 2015

Acts 2011, 82nd Leg., ch. 1082 (S.B. 1178), § 8, eff. Sept. 1, 2011

Journals
TX HUM RES § 42.072 Page 7

V.T.C.A., Human Resources Code § 42.072

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Texas Senate Journal, 82nd Legislature, Regular Session, 72nd Legislative Day, TX S. Jour., 2011 Reg. Sess. 

No. 72, May 30, 2011

Texas Senate Journal, 82nd Legislature, Regular Session, 71st Legislative Day, TX S. Jour., 2011 Reg. Sess. 

No. 71, May 29, 2011

Texas Senate Journal, 82nd Legislature, Regular Session, 70th Legislative Day, TX S. Jour., 2011 Reg. Sess. 

No. 70, May 28, 2011

Texas House Journal, 82nd Legislature, Regular Session, 87th Legislative Day, TX H.R. Jour., 2011 Reg. 

Sess. No. 87, May 27, 2011

Texas Senate Journal, 82nd Legislature, Regular Session, 69th Legislative Day, TX S. Jour., 2011 Reg. Sess. 

No. 69, May 27, 2011

Texas Senate Journal, 82nd Legislature, Regular Session, 66th Legislative Day, TX S. Jour., 2011 Reg. Sess. 

No. 66, May 23, 2011

Texas House Journal, 82nd Legislature, Regular Session, 80th Legislative Day, TX H.R. Jour., 2011 Reg. 

Sess. No. 80, May 20, 2011

Texas House Journal, 82nd Legislature, Regular Session, 81st Legislative Day, TX H.R. Jour., 2011 Reg. 

Sess. No. 81, May 20, 2011

Texas House Journal, 82nd Legislature, Regular Session, 73rd Legislative Day, TX H.R. Jour., 2011 Reg. 

Sess. No. 73, May 10, 2011

Texas House Journal, 82nd Legislature, Regular Session, 65th Legislative Day, TX H.R. Jour., 2011 Reg. 

Sess. No. 65, April 29, 2011

Texas Senate Journal, 82nd Legislature, Regular Session, 47th Legislative Day, TX S. Jour., 2011 Reg. Sess. 

No. 47, April 26, 2011

Texas Senate Journal, 82nd Legislature, Regular Session, 46th Legislative Day, TX S. Jour., 2011 Reg. Sess. 

No. 46, April 21, 2011

Texas House Journal, 82nd Legislature, Regular Session, 61st Legislative Day, Continued, TX H.R. Jour., 

2011 Reg. Sess. No. 61, April 21, 2011

Acts 2009, 81st Leg., ch. 720, § 13, eff. Sept. 1, 2010
TX HUM RES § 42.072 Page 8

V.T.C.A., Human Resources Code § 42.072

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Reports

Texas Bill Analysis, 2009 Regular Session, Senate Bill 68, TX B. An., S.B. 68, 9/29/2009, September 29, 

2009

Journals

Texas Senate Journal, 81st Legislature, Regular Session, 71st Legislative Day, TX S. Jour., 2009 Reg. Sess. 

No. 71, June 01, 2009

Texas House Journal, 81st Legislature, Regular Session, 86th Legislative Day, TX H.R. Jour., 2009 Reg. 

Sess. No. 86, June 01, 2009

Texas Senate Journal, 81st Legislature, Regular Session, 69th Legislative Day, TX S. Jour., 2009 Reg. Sess. 

No. 69, May 29, 2009

Texas House Journal, 81st Legislature, Regular Session, 83rd Legislative Day, TX H.R. Jour., 2009 Reg. 

Sess. No. 83, May 29, 2009

Texas Senate Journal, 81st Legislature, Regular Session, 69th Legislative Day, TX S. Jour., 2009 Reg. Sess. 

No. 69, May 28, 2009

Texas House Journal, 81st Legislature, Regular Session, 74th Legislative Day, Continued, TX H.R. Jour., 

2009 Reg. Sess. No. 74, May 19, 2009

Texas House Journal, 81st Legislature, Regular Session, 73rd Legislative Day, Continued, TX H.R. Jour., 

2009 Reg. Sess. No. 73, May 18, 2009

Texas House Journal, 81st Legislature, Regular Session, 66th Legislative Day, Continued, TX H.R. Jour., 

2009 Reg. Sess. No. 66, May 07, 2009

Texas Senate Journal, 81st Legislature, Regular Session, 32nd Legislative Day, TX S. Jour., 2009 Reg. Sess. 

No. 32, April 02, 2009

Acts 2005, 79th Leg., ch. 526, § 3, eff. Sept. 1, 2005

Reports

Texas Bill Analysis, 2005 Regular Session, House Bill 877, TX B. An., H.B. 877, 5/9/2005, May 09, 2005
TX HUM RES § 42.072 Page 9

V.T.C.A., Human Resources Code § 42.072

© 2015 Thomson Reuters. All rights reserved.

Texas Bill Analysis, 2005 Regular Session, House Bill 877, TX B. An., H.B. 877, 4/28/2005, April 28, 2005

Texas Bill Analysis, 2005 Regular Session, House Bill 877, TX B. An., H.B. 877, 2005, 2005

Journals

Texas House Journal, 79th Legislature, Regular Session, 77th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 77, May 25, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 76th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 76, May 23, 2005

Texas House Journal, 79th Legislature, Regular Session, 74th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 74, May 22, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 74th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 74, May 20, 2005

Texas House Journal, 79th Legislature, Regular Session, 73rd Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 73, May 20, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 70th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 70, May 16, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 61st Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 61, May 03, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 60th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 60, May 02, 2005

Texas House Journal, 79th Legislature, Regular Session, 60th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 60, May 02, 2005

Texas House Journal, 79th Legislature, Regular Session, 59th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 59, April 29, 2005

Texas House Journal, 79th Legislature, Regular Session, 58th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 58, April 28, 2005
TX HUM RES § 42.072 Page 10

V.T.C.A., Human Resources Code § 42.072

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Texas House Journal, 79th Legislature, Regular Session, 52nd Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 52, April 20, 2005

Texas House Journal, 79th Legislature, Regular Session, 15th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 15, February 10, 2005

Acts 2005, 79th Leg., ch. 268, § 1.107, eff. Sept. 1, 2005

Reports

Texas Bill Analysis, 2005 Regular Session, Senate Bill 6, TX B. An., S.B. 6, 4/19/2005, April 19, 2005

Texas Bill Analysis, 2005 Regular Session, Senate Bill 6, TX B. An., S.B. 6, 2/27/2005, February 27, 2005

Texas Bill Analysis, 2005 Regular Session, Senate Bill 6, TX B. An., S.B. 6, 2/2/2005, February 02, 2005

Texas Bill Analysis, 2005 Regular Session, Senate Bill 6, TX B. An., S.B. 6, 2005, 2005

Journals

Texas Senate Journal, 79th Legislature, Regular Session, 83rd Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 83, May 30, 2005

Texas House Journal, 79th Legislature, Regular Session, 82nd Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 82, May 30, 2005

Texas House Journal, 79th Legislature, Regular Session, 81st Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 81, May 29, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 82nd Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 82, May 29, 2005

Texas House Journal, 79th Legislature, Regular Session, 80th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 80, May 28, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 80th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 80, May 27, 2005

Texas House Journal, 79th Legislature, Regular Session, 77th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 77, May 25, 2005
TX HUM RES § 42.072 Page 11

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Texas House Journal, 79th Legislature, Regular Session, 62nd Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 62, May 04, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 57th Legisaltive Day, Continued, TX S. Jour., 2005 

Reg. Sess. No. 57, April 28, 2005

Texas House Journal, 79th Legislature, Regular Session, 57th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 57, April 27, 2005

Texas House Journal, 79th Legislature, Regular Session, 56th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 56, April 26, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 56th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 56, April 26, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 52nd Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 52, April 20, 2005

Texas House Journal, 79th Legislature, Regular Session, 52nd Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 52, April 20, 2005

Texas House Journal, 79th Legislature, Regular Session, 51st Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 51, April 19, 2005

Texas House Journal, 79th Legislature, Regular Session, 47th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 47, April 12, 2005

Texas House Journal, 79th Legislature, Regular Session, 32nd Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 32, March 14, 2005

Texas House Journal, 79th Legislature, Regular Session, 28th Legislative Day, TX H.R. Jour., 2005 Reg. 

Sess. No. 28, March 07, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 27th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 27, March 03, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 26th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 26, March 02, 2005
TX HUM RES § 42.072 Page 12

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Texas Senate Journal, 79th Legislature, Regular Session, 24th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 24, February 28, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 8th Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 8, January 31, 2005

Texas Senate Journal, 79th Legislature, Regular Session, 3rd Legislative Day, TX S. Jour., 2005 Reg. Sess. 

No. 3, January 13, 2005

Executive Messages

Texas Governor s Message, June 7, 2005, TX Gov. Mess., 6/7/2005, June 07, 2005

Texas Governor s Message, June 7, 2005, TX Gov. Mess., 6/7/2005, June 07, 2005

Acts 2001, 77th Leg., ch. 218, § 11, eff. Sept. 1, 2001

Reports

Texas Bill Analysis, 2001 Regular Session, House Bill 1178, TX B. An., H.B. 1178, 7/9/2001, July 09, 2001

Texas Bill Analysis, 2001 Regular Session, House Bill 1178, TX B. An., H.B. 1178, 4/23/2001, April 23, 

2001

Texas Bill Analysis, 2001 Regular Session, House Bill 1178, TX B. An., H.B. 1178, 4/11/2001, April 11, 

2001

Texas Bill Analysis, 2001 Regular Session, House Bill 1178, TX B. An., H.B. 1178, 3/1/2001, March 01, 

2001

Texas Bill Analysis, 2001 Regular Session, House Bill 1178, TX B. An., H.B. 1178, 2/23/2001, February 23, 

2001

Journals

Texas House Journal, 77th Legislature, Regular Session, 80th Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 80, May 23, 2001

Texas House Journal, 77th Legislature, Regular Session, 72nd Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 72, May 11, 2001
TX HUM RES § 42.072 Page 13

V.T.C.A., Human Resources Code § 42.072

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Texas Senate Journal, 77th Legislature, Regular Session, 70th Legislative Day, TX S. Jour., 2001 Reg. Sess. 

No. 70, May 10, 2001

Texas House Journal, 77th Legislature, Regular Session, 71st Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 71, May 10, 2001

Texas House Journal, 77th Legislature, Regular Session, 70th Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 70, May 09, 2001

Texas Senate Journal, 77th Legislature, Regular Session, 69th Legislative Day, TX S. Jour., 2001 Reg. Sess. 

No. 69, May 09, 2001

Texas Senate Journal, 77th Legislature, Regular Session, 64th Legislative Day, Continued, TX S. Jour., 2001 

Reg. Sess. No. 64, May 03, 2001

Texas House Journal, 77th Legislature, Regular Session, 65th Legislative Day, Continued, TX H.R. Jour., 

2001 Reg. Sess. No. 65, May 03, 2001

Texas Senate Journal, 77th Legislature, Regular Session, 58th Legislative Day, TX S. Jour., 2001 Reg. Sess. 

No. 58, April 24, 2001

Texas Senate Journal, 77th Legislature, Regular Session, 47th Legislative Day, TX S. Jour., 2001 Reg. Sess. 

No. 47, April 03, 2001

Texas House Journal, 77th Legislature, Regular Session, 46th Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 46, April 02, 2001

Texas Senate Journal, 77th Legislature, Regular Session, 46th Legislative Day, TX S. Jour., 2001 Reg. Sess. 

No. 46, April 02, 2001

Texas House Journal, 77th Legislature, Regular Session, 44th Legislative Day, Continued, TX H.R. Jour., 

2001 Reg. Sess. No. 44, March 29, 2001

Texas House Journal, 77th Legislature, Regular Session, 45th Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 45, March 29, 2001

Texas House Journal, 77th Legislature, Regular Session, 30th Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 30, March 05, 2001
TX HUM RES § 42.072 Page 14

V.T.C.A., Human Resources Code § 42.072

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Texas House Journal, 77th Legislature, Regular Session, 16th Legislative Day, TX H.R. Jour., 2001 Reg. 

Sess. No. 16, February 07, 2001

§ 42.072. License, Listing, or Registration Denial, Suspension, or Revocation

CREDIT(S)

Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 111, ch. 23, 

§ 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 977, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 5.95(49), 

eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, § 37, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, § 7, eff. 

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, § 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, § 11, eff. Sept. 1, 

2001; Acts 2005, 79th Leg., ch. 268, § 1.107, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 526, § 3, eff. Sept. 1, 2005; 

Acts 2009, 81st Leg., ch. 720, § 13, eff. Sept. 1, 2010; Acts 2011, 82nd Leg., ch. 1082 (S.B. 1178), § 8, eff. Sept. 1, 

2011; Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 4.237, eff. April 2, 2015.

HISTORICAL AND STATUTORY NOTES

2013 Main Volume

Section 21(a) of Acts 2009, 81st Leg., ch. 720 provides:

“Sec. 21. (a) The change in law made by this Act to Subsection (c), Section 42.072, Human Resources Code, applies 

only to the issuance of a license, listing, registration, or certification to a person whose license, listing, registration, or 

certification is revoked or whose application for a license, listing, registration, or certification is denied for a substantive reason on or after the effective date [Sept. 1, 2010] of this Act. The issuance of a license, listing, registration,

or certification to a person whose license, listing, registration, or certification was revoked or whose application for a 

license, listing, registration, or certification was denied for a substantive reason before the effective date of this Act is

governed by the law in effect when the license, listing, registration, or certification was revoked or the application was 

denied for a substantive reason, and the former law is continued in effect for that purpose.”

Prior Laws:

Acts 1939, 46th Leg., p. 544.

Acts 1941, 47th Leg., p. 914, ch. 562, § 1.

Acts 1949, 51st Leg., p. 743, ch. 402, § 1.

Vernon's Ann.Civ.St. art. 695c, § 8(a), subsec. 7.

Acts 1975, 64th Leg., p. 2248, ch. 708, §§ 19, 26.
TX HUM RES § 42.072 Page 15

V.T.C.A., Human Resources Code § 42.072

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Vernon's Ann.Civ.St. art. 695a-3, § 19.

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