Office of t ernor WILLIAM P. CLEMENTS, JR. FR DATE: RE: ROLOFF AVID A. DEA APRIL 23, 1979 MEMO Austin, Texas 78711 Phone (512) 475-3021 The attached letter from the Texas Department of Human Resources (TDHR) to Terry Bray states TDHR's position with regard to the Roloff matter as of April 19, 1979. Mr. Bray concurs that the Agency's position is properly presented in the letter. To summarize TDHR's position: TDHR has no discretion in Roloff licensing matter. 2) The Child Care Licensing Act of 1975 mandates that facilities such as Roloff must be licensed before they can operate (constitutionality of statute was upheld by U. S. Supreme Court in late Fall 1978). 3) The Statute requires that applicant must submit license application. 4) TDHR stands ready to assist Roloff in complying with licensing requirements once Roloff has submitted license application. Bray said maybe the legislature will act and take everybody off the hook. nor I was more than a little intrigued by the tone of the TDHR letter and called this to Mr. Bray's attention. Obviously TDHR has its bacK tp the wall and sees the next and only move as being for Roloff to admit that he has lost in court and with the legislature and to submit a license application. ,A,Nrtm DAVID A. DEAN General Counsel