Wininger v. Department of Human Resources

OPINION

BURDOCK, Justice.

Appellant, Delores Wininger, was permanently enjoined from operating a child care facility in her home pursuant to Chapter 42 of the Texas Human Resources Code. She urges in two points of error that the statute authorizing such injunction is unconstitutional both on its face and as an unconstitutional delegation of authority by the legislature.

We reverse and dissolve the injunction.

The Texas Human Resources Code is an effort to protect the health, safety and well-being of the children of this state who reside in child care facilities by establishing statewide minimum…