No. 12589.

556 S.W.2d 856 (1977)

ROLOFF EVANGELISTIC ENTERPRISES, INC., et al., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 2, 1977.

Attorney(s) appearing for the Case

Clyde J. Jackson, Jr., Alsup & Alsup, Corpus Christi, Fred P. Benco and David C. Gibbs, Jr., Parma Heights, Ohio, for appellants.

John L. Hill, Atty. Gen., M. Lynn Taylor, Asst. Atty. Gen., Austin, for appellee.


This appeal presents the question of whether child care homes operated by appellants, admittedly religious in nature, are subject to the provision of the Child Care Licensing Act, Article 695a-3, Vernon's Civil Statutes, effective January 1, 1976.

At the outset of trial, the court granted the State's motion for summary judgment ordering appellants to secure licenses to operate its three child care homes and to admit agents of the Texas State Department...

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