Legal Opinion

McMillen v. Texas Health & Human Services Commission

Texas Supreme Court

Decided February 26, 2016No. 15-0147PublishedCited by 13 opinions

1Per curiam

This Whistleblower Act case concerns whether a state employee’s alleged report of a legal violation was made to an appropriate law-enforcement authority. The court of appeals held that a former employee of the Texas Health and Human Services Commission did not report to such'an authority. 483 S.W.3d 576, 582, 2015 WL 134686 (Tex.App.-Austin 2015). We disagree. Because the reported-to persons had power beyond internal discipline to regulate under or enforce the law allegedly violated, they were an appropriate law-enforcement authority under the Whistleblower Act. Accordingly, we reverse the…

2Cases cited4 opinions

  1. Texas Department of Transportation v. NeedhamTexas Supreme Court · 2002
  2. The University of Texas Southwestern Medical Center at Dallas v. Larry M. Gentilello, M.D.Texas Supreme Court · 2013
  3. Texas Department of Human Services v. Oliver OkoliTexas Supreme Court · 2014
  4. Texas Health & Human Services Commission v. McMillenCourt of Appeals of Texas · 2015

3Cited by13 opinions

  1. Bates v. Pecos Cnty.Court of Appeals of Texas · 2017
  2. Anita Connally v. Dallas Independent School District, Texas Court of Appeals, 8th District (El Paso)2016
  3. City of Abilene v. CarterCourt of Appeals of Texas · 2017
  4. Austin Independent School District v. Rodney Anderson, Texas Court of Appeals, 3rd District (Austin)2022
  5. City of Denton v. Michael Grim and Jim Maynard, Texas Court of Appeals, 5th District (Dallas)2022

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