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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. 23-0697
Regular Panel Decision
Jun 28, 2024

State of Texas Office of the Attorney General of the State of Texas Texas Medical Board Texas Health and Human Services Commission And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas v. Lazaro Loe, Individually and as Next Friend of Luna Loe, a Minor Mary Moe and Matthew Moe, Individually and as Next Friends of Maeve Moe, a Minor Nora Noe, Individually and as Next Friend of Nathan Noe, a Minor Sarah Soe and Steven Soe, Individually and as Next Friends of Samantha Soe, a Minor Gina Goe, Individually and as Next Friend of Grayson Goe, a Minor Pflag, Inc. Richard Ogden Roberts III, M.D. David L. Paul, M.D. Patrick W. O'malley, M.D. And American Association of Physicians for Human

The Supreme Court of Texas reversed and vacated a temporary injunction against Senate Bill 14, which prohibits certain medical treatments for minors related to gender transition. Parents of children with gender dysphoria, along with physicians and LGBTQ+ advocacy groups, had challenged the law as unconstitutional, alleging infringements on parental rights, occupational freedom for physicians, and discrimination based on sex and transgender status. The Court concluded that the plaintiffs failed to establish a probable right to relief, asserting that parental rights are not absolute and the Legislature has constitutional authority to regulate medicine, especially regarding novel treatments for new conditions. The Court also found no unconstitutional discrimination, stating the law treats males and females equally in its prohibitions and that "transgender status" is not a protected class under the Texas Constitution.

Parental RightsMedical RegulationGender DysphoriaConstitutional LawDue Course of LawEqual ProtectionTransgender RightsMinors' Medical TreatmentLegislative AuthorityTexas Supreme Court
References
62
Case No. NO. 12-23-00204-CV
Regular Panel Decision
May 08, 2024

Melissa Brown v. the State of Texas and Texas Department of Health and Human Services

Melissa Brown, an African American former employee of HHSC, appealed the trial court's judgment granting a plea to the jurisdiction filed by The State of Texas and HHSC. Brown alleged retaliation and racial discrimination under the Texas Commission on Human Rights Act (TCHRA), and mishandling of leave requests and job applications under the Texas Tort Claims Act (TTCA). The appellate court affirmed the trial court's decision, concluding Brown failed to establish a prima facie case for retaliation under the TCHRA due to a lack of causal connection between her protected activity and alleged adverse actions. Additionally, her TTCA negligence claim did not fall within the limited waiver of sovereign immunity as job applications and leave requests were not considered "tangible personal property."

RetaliationDiscriminationTCHRATTCASovereign ImmunityPlea to JurisdictionAdverse Employment ActionCausationTangible Personal PropertyEmployment Discrimination
References
29
Case No. 13-14-00113-CV
Regular Panel Decision
Apr 30, 2015

Texas Health and Human Services Commission and the Texas Department of Aging and Disability Services v. Jose P. Baldonado

The case involves an appeal from the denial of a plea to the jurisdiction by the Texas Health and Human Services Commission (HHSC) and the Texas Department of Aging and Disability Services (DADS). Appellee Jose P. Baldonado sued for age discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) after being denied a position by HHSC and subsequently terminated by DADS. Appellants argued a lack of subject matter jurisdiction, asserting Baldonado failed to establish a prima facie case for both claims and did not exhaust administrative remedies against DADS. The Court of Appeals for the Thirteenth District of Texas affirmed the trial court's decision, concluding that Baldonado raised sufficient fact questions regarding his qualifications, the causal link for retaliation, and the exhaustion of administrative remedies. The court highlighted DADS's status as an agency within HHSC and its participation in the administrative complaint process as evidence of proper notice.

Employment DiscriminationAge DiscriminationRetaliationPlea to JurisdictionTCHRAPrima Facie CaseAdministrative RemediesSovereign ImmunityInterlocutory AppealTexas Court of Appeals
References
25
Case No. 15-25-00013-CV
Regular Panel Decision
May 07, 2025

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Broadmoor Austin Associates leased office space to the Texas government, specifically the Texas Health and Human Services Commission (HHSC), through the Texas Facilities Commission (TFC). Rent has been unpaid for nearly two years due to alleged misconduct by state officials. Broadmoor asserts that sovereign immunity does not bar its claims for breach of contract, citing Chapter 114's express waiver for contracts involving construction and related services. Additionally, Broadmoor brings ultra vires claims against TFC Executive Director Mike Novak and HHSC Deputy Executive Commissioner Roland Niles, alleging their actions were beyond legal authority or a failure to perform ministerial duties. Broadmoor seeks prospective injunctive and declaratory relief to ensure these officials comply with state law, specifically regarding the availability of appropriated funds for the lease.

Sovereign ImmunityBreach of ContractUltra Vires DoctrineState AgenciesGovernment ContractsLease AgreementsLegislative AppropriationsExecutive AuthorityJudicial ReviewTexas Facilities Commission
References
69
Case No. MISSING
Regular Panel Decision

King v. Texas Department of Human Services

John King, a veteran, sued his employer, the Texas Department of Human Services, alleging racial discrimination after being denied a promotion and claiming a violation of his veteran’s hiring preference. The trial court dismissed his Texas Commission on Human Rights Act (TCHRA) claim for late filing and granted summary judgment against his Veteran's Employment Preference claim. On appeal, the court reversed the dismissal of the TCHRA claim, finding that King's initial timely petition adequately pleaded the cause of action. While upholding a partial jurisdictional dismissal of the Veteran's Preference claim regarding monetary damages and controlling official acts, the appellate court reversed the summary judgment on the injunctive relief portion, citing a genuine issue of material fact regarding the candidates' relative qualifications. The case was remanded to the trial court for further proceedings on both claims.

Racial DiscriminationVeteran's PreferenceEmployment LawTexas Commission on Human Rights Act (TCHRA)Sovereign ImmunitySubject Matter JurisdictionPleading RequirementsSummary JudgmentAppellate ReviewReverse and Remand
References
19
Case No. 15-24-00114-CV
Regular Panel Decision
Oct 04, 2024

Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission; Molina Healthcare of Texas, Inc.; And Aetna Better Health of Texas, Inc. v. Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company

This case involves an appeal concerning a temporary injunction and the denial of a plea to the jurisdiction issued by the 353rd Judicial District of Travis County. The appellants, including Cecile Erwin Young (Executive Commissioner of HHSC), Molina Healthcare of Texas, Inc., and Aetna Better Health of Texas, Inc., are challenging the lower court's decision. The appellees (Cook Children's Health Plan, Texas Children's Health Plan, Superior Health Plan, Inc., and Wellpoint Insurance Company) had sought to enjoin the Texas Health and Human Services Commission (HHSC) from proceeding with STAR & CHIP and STAR Kids managed care procurements. The core legal arguments revolve around whether HHSC's procurement processes violated Texas law, thereby rendering the intended contract awards unlawful ultra vires acts, and whether the appellees' claims are barred by sovereign immunity or failure to exhaust administrative remedies. The appellants contend that the district court abused its discretion by granting the injunction and denying the plea.

Appellate CourtTemporary InjunctionPlea to the JurisdictionSovereign ImmunityUltra Vires ClaimsProcurement DisputeManaged Care ContractsMedicaidCHIPTexas Health and Human Services Commission
References
95
Case No. 17-0345
Regular Panel Decision
May 03, 2019

Patricia Mosley v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services

Patricia Mosley challenged her placement on the Employee Misconduct Registry by the Texas Department of Family and Protective Services. She sought judicial review without filing a motion for rehearing, relying on a misleading agency letter and regulation. The Supreme Court of Texas affirmed that a motion for rehearing is a jurisdictional prerequisite for judicial review under the Administrative Procedures Act. However, the court also ruled that the agency's affirmative misrepresentation regarding the appeal process violated Mosley's due process rights, preventing her from exhausting administrative remedies. The case was remanded to the Health and Human Services Commission to allow Mosley to file a motion for rehearing, thereby restoring her opportunity for judicial review.

Administrative LawJudicial ReviewDue ProcessMotion for RehearingEmployee Misconduct RegistryTexas Health and Human Services CommissionTexas Department of Family and Protective ServicesJurisdictional PrerequisiteStatutory InterpretationAgency Misrepresentation
References
43
Case No. 15-25-00022-CV
Regular Panel Decision
Dec 03, 2024

City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; And City of Farmer's Branch, Texas // Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas v. Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas // City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; City of Farmer's Branch, Texas; And City of Round Rock, Texas

The case involves a legal dispute over the State of Texas Comptroller's amendments to Rule 3.334, which governs local sales and use tax sourcing, especially for e-commerce and fulfillment centers. The applicant cities challenge several subsections of the rule, arguing they contravene existing statutes, prior interpretations, and the Administrative Procedure Act due to inadequate notice and reasoned justification. The Comptroller asserts the amendments clarify long-standing interpretations to address modern e-commerce practices, ensure uniform tax application, and prevent revenue manipulation, maintaining that the changes are within their statutory rulemaking authority. The trial court invalidated several contested subsections of Rule 3.334, permanently enjoining their enforcement and remanding them for further consideration. Both parties are appealing aspects of the trial court's decision, with the Comptroller cross-appealing the invalidity rulings. The issue is significant to Texas jurisprudence, determining where sales or use taxes are consummated for local allocation.

Sales Tax SourcingLocal Sales TaxE-commerceFulfillment CentersAdministrative LawStatutory InterpretationTexas Tax CodeRule 3.334Tax Revenue AllocationJudicial Review of Agency Action
References
21
Case No. 03-16-00358-CV
Regular Panel Decision
May 23, 2016

Patricia Mosley// Texas Health and Human Services Commission and Texas Department of Family and Protective Services v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services// Cross-Appellee, Patricia Mosley

Patricia Mosley is appealing a trial court's decision that affirmed the Texas Health and Human Services Commission's (HHSC) order to place her on the Employee Misconduct Registry (EMR). This placement stems from an incident where AW, a disabled individual under Mosley's one-to-one supervision, swallowed batteries. Mosley argues that her actions did not constitute neglect, asserting that maintaining constant arm's-length supervision for nearly seven hours alone was impossible, AW's secretive self-harming behavior was unforeseeable given the absence of warning signs, and she lacked adequate training for AW's specific needs. The core legal arguments revolve around the definition of 'neglect' as a negligent act requiring foreseeability and the proper application of a negligence standard versus a strict liability standard.

Employee Misconduct RegistryNegligenceForeseeabilityDirect Care ServicesDisabled IndividualsHealth and Human ServicesAppellate ReviewAdministrative LawSubstantial Evidence RuleSupervision Requirements
References
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