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Appellants, Dr. Don Brantley, Belinda Castillo, Dr. Corinne v. Appellees, Texas Youth Commission; Cherrie Townsend In Her Official

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OPINION

After allegations surfaced that employees of the Texas Youth Commission (TYC) had sexually abused youths housed in that agency’s facilities, the Eightieth Texas Legislature enacted Senate Bill 103, which amended a number of statutory provisions governing that agency.*fn1 In section 37 of S.B. 103, the Legislature changed the basis of employment at TYC, which prior statutes had previously made for-cause, to at-will.*fn2 This appeal concerns attempts by a group of present and former TYC employees to challenge the constitutionality of that change.

Four current or former TYC employees who had begun working at the agency before section 37 took effect-two of whom allegedly resigned under threat of termination before section 37 took effect, one of whom was terminated after section 37 took effect, and one of whom continues to work for the agency (collectively, Plaintiffs)-sued TYC and its executive director seeking declaratory, injunctive, and monetary relief based principally on the allegation that section 37 unconstitutionally deprived them of property rights in their employment. TYC and its executive director (collectively, the TYC Defendants) interposed a plea to the jurisdiction, which the district court granted in part and denied in part. Both Plaintiffs and the TYC Defendants appeal the district court’s order. We will affirm the district court’s order in part and reverse in part.

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