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
This text of 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 (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) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ACCEPTED 1/23/2025 11:55 AM 15-25-00013-CV FIFTEENTH COURT OF Velva APPEALSL. Price District AUSTIN, TEXAS Clerk Travis County 2/7/2025 8:48 AM CAUSE NO. D-1-GN-23-007899 D-1-GN-23-007899 CHRISTOPHER A.RosaPRINEOneal CLERK BROADMOOR AUSTIN § IN THE DISTRICT COURT FILED IN ASSOCIATES, a Texas Joint § 15th COURT OF APPEALS Venture, § AUSTIN, TEXAS § 2/7/2025 8:48:30 AM Plaintiff, § CHRISTOPHER A. PRINE Clerk § v. § § 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 § TRAVIS COUNTY, TEXAS NOVAK, in his Official Capacity § as Executive Director of the Texas § Facilities Commission; THE § TEXAS HEALTH AND HUMAN § SERVICES COMMISSION; and § CECILE ERWIN YOUNG, in her § Official Capacity as Executive § Commissioner of the Texas Health § and Human Services Commission, § GLENN HEGAR, Texas § Comptroller of Public Accounts; § 455TH JUDICIAL DISTRICT 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, § § Defendants. §
DEFENDANTS STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, MIKE NOVAK, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, AND ROLLAND NILES’S NOTICE OF ACCELERATED INTERLOCUTORY APPEAL AND AUTOMATIC STAY Pursuant to Texas Rules of Appellate Procedure 25.1(a) and 26.1(b),
Defendants, the 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 HHSC (collectively
“Defendants”), gives notice of an appeal of the Court’s order of January 8, 2025. Said
order granted-in-part and denied-in-part Defendants’ Amended Plea to the
Jurisdiction to Second Amended Petition.1
Defendants are entitled to an interlocutory appeal pursuant to Civil Practice
and Remedies Code section 51.014(a)(8), which allows for an immediate appeal from
an order that denies a plea to the jurisdiction. Defendants appeal to the Fifteenth
Court of Appeals. This is an accelerated appeal as provided by Texas Rule of Appellate
Procedure 28.1. This is not a parental termination or child protection case, as defined
by Rule 28.4.
Pursuant to Texas Civil Practice and Remedies Code 51.014(b), all further
proceedings in this court are stayed pending resolution of Defendants’ appeal.
Pursuant to section 6.001, as governmental entities and officers, Defendants are not
required to file a supersedeas bond for court costs. Defendants’ appeal is therefore
perfected upon the filing of the notice of appeal.
1 All claims were dismissed against Defendants Cecile Erwin Young, in her Official
Capacity as Executive Commissioner of the HHSC, and Glenn Hegar, Texas Comptroller of Public Accounts, and they do not appeal. 2 Respectfully submitted,
KEN PAXTON Attorney General of Texas
BRENT WEBSTER First Assistant Attorney General
RALPH MOLINA Deputy First Assistant Attorney General
JAMES LLOYD Deputy Attorney General for Civil Litigation
KIMBERLY GDULA Division Chief, General Litigation Division
/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Attorney-in-Charge Texas Bar No. 24122680 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (210) 270-1118 | FAX: (512) 320-0667 Alyssa.Bixby-Lawson@oag.texas.gov
Counsel for Defendants, 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 HHSC
3 CERTIFICATE OF SERVICE
I certify that on January 23, 2025, the foregoing Defendants, State of Texas, the Texas Facilities Commission, Mike Novak, the Texas Health and Human Services Commission, and Rolland Niles’s, Notice of Accelerated Interlocutory Appeal and Automatic Stay was filed with the Clerk of this Court and served on the following parties of record via EFileTexas.gov efiling service.
Casey L. Dobson Sara W. Clark SCOTT DOUGLASS & MCCONNICO, LLP 303 Colorado Street, Suite 2400 Austin, TX 78701 cdobson@scottdoug.com sclark@scottdoug.com
/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Assistant Attorney General
4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Victoria Gomez on behalf of Alyssa Bixby-Lawson Bar No. 24122680 victoria.gomez@oag.texas.gov Envelope ID: 96520598 Filing Code Description: Notice of Appeal Filing Description: DEFENDANTS STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, MIKE NOVAK, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, AND ROLLAND NILES’S NOTICE OF ACCELERATED INTERLOCUTORY APPEAL AND AUTOMATIC STAY Status as of 1/24/2025 8:54 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Casey LDobson cdobson@scottdoug.com 1/23/2025 11:55:20 AM SENT
Angela Goldberg agoldberg@scottdoug.com 1/23/2025 11:55:20 AM SENT
Angie Espinoza aespinoza@scottdoug.com 1/23/2025 11:55:20 AM SENT
Kemp Kasling kkasling@kaslinglaw.com 1/23/2025 11:55:20 AM SENT
Alyssa Bixby-Lawson 24122680 alyssa.bixby-lawson@oag.texas.gov 1/23/2025 11:55:20 AM SENT
Susie Smith ssmith@scottdoug.com 1/23/2025 11:55:20 AM SENT
Victoria Gomez victoria.gomez@oag.texas.gov 1/23/2025 11:55:20 AM SENT
Murl Miller Murl.Miller@cpa.texas.gov 1/23/2025 11:55:20 AM SENT
Elena Bendea Elena.Bendea@cpa.texas.gov 1/23/2025 11:55:20 AM SENT
Associated Case Party: BROADMOOR AUSTIN ASSOCIATES
Sara WClark sclark@scottdoug.com 1/23/2025 11:55:20 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Victoria Gomez on behalf of Alyssa Bixby-Lawson Bar No. 24122680 victoria.gomez@oag.texas.gov Envelope ID: 97100753 Filing Code Description: Copy of Notice of Appeal Filing Description: 20250123 Notice of Interlocutory Appeal Status as of 2/7/2025 9:14 AM CST
Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 2/7/2025 8:48:30 AM SENT
Victoria Gomez victoria.gomez@oag.texas.gov 2/7/2025 8:48:30 AM SENT
Sara W.Clark sclark@scottdoug.com 2/7/2025 8:48:30 AM SENT
Casey Dobson cdobson@scottdoug.com 2/7/2025 8:48:30 AM SENT
Kemp Kasling kkasling@kaslinglaw.com 2/7/2025 8:48:30 AM SENT
Angela Goldberg agoldberg@scottdoug.com 2/7/2025 8:48:30 AM SENT
Susie Smith ssmith@scottdoug.com 2/7/2025 8:48:30 AM SENT
Angie Espinoza aespinoza@scottdoug.com 2/7/2025 8:48:30 AM SENT
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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, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-texas-the-texas-facilities-commission-the-texas-health-and-human-texapp-2025.