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WININGER v. DEPARTMENT OF HUMAN RESOURCES

No. 2-82-186-CV.

653 S.W.2d 376 (1983)

Delores WININGER, Appellant, v. DEPARTMENT OF HUMAN RESOURCES, State of Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied June 29, 1983.

Attorney(s) appearing for the Case

Ron L. Yandell, Wichita Falls, for appellant.

Jim Mattox, Atty. Gen., and Michael H. Patterson, Asst. Atty. Gen., Austin, for appellee.

Before ASHWORTH, BURDOCK and SPURLOCK, JJ.

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...

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