Texas Codes

Tex. Hum. Res. Code § 40.002 (2026)

Department Of Family And Protective Services; General Duties Of Department

✓ current as of May 2026

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Sec. 40.002. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; GENERAL DUTIES OF DEPARTMENT.

Text of subsection effective until September 01, 2026

(a) The Department of Family and Protective Services is composed of the council, the commissioner, an administrative staff, and other employees necessary to efficiently carry out the purposes of this chapter.

Text of subsection effective on September 01, 2026

(a) The Department of Family and Protective Services is composed of the commissioner, an administrative staff, and other employees necessary to efficiently carry out the purposes of this chapter.

(b) Except as provided by Section 40.0025, the department shall:

(1) provide protective services for children and elderly persons and persons with disabilities, including investigations of alleged abuse, neglect, or exploitation in facilities of the Department of State Health Services and the Department of Aging and Disability Services or the successor agency for either of those agencies;

(2) provide family support and family preservation services that respect the fundamental right of parents to control the education and upbringing of their children;

(3) license, register, and enforce regulations applicable to child-care facilities, child-care administrators, and child-placing agency administrators; and

(4) implement and manage programs intended to provide early intervention or prevent at-risk behaviors that lead to child abuse, delinquency, running away, truancy, and dropping out of school.

(c) The department is the state agency designated to cooperate with the federal government in the administration of programs under:

(1) Parts B and E, Title IV, federal Social Security Act (42 U.S.C. Sections 620 et seq. and 670 et seq.);

(2) the Child Abuse Prevention and Treatment Act (42 U.S.C. Section 5101 et seq.); and

(3) other federal law for which the department has administrative responsibility.

(d) The department shall cooperate with the United States Department of Health and Human Services and other federal and state agencies in a reasonable manner and in conformity with the provisions of federal law and this subtitle to the extent necessary to qualify for federal assistance in the delivery of services.

(e) If the department determines that a provision of state law governing the department conflicts with a provision of federal law, the executive commissioner may adopt policies and rules necessary to allow the state to receive and spend federal matching funds to the fullest extent possible in accordance with the federal statutes, this subtitle, and the state constitution and within the limits of appropriated funds.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f), eff. September 1, 2008.

Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 489, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 1.11, 2.128, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.07, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.76, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 4.05, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 32(f), eff. September 1, 2008.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.185, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.18, eff. September 1, 2017.

Acts 2025, 89th Leg., R.S., Ch. 541 (H.B. 140), Sec. 3, eff. September 1, 2026.

Notes of Decisions

Cited in 14 cases (6 in the last 5 years), 2002–2024 · leading case: Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).

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Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). “, Tex. Hum. Res. Code § 40.002(b)(1), (2) (providing Texas Department of Family and Protective Services “shall .”

In Re Pensom, 126 S.W.3d 251 (Tex. App. 2003). “1985); Tex. Hum. Res.Code Ann. § 40.002(b)(2) (Vernon 2001).”

Dep't of Prot. & Regulatory Servs. v. Schutz, 101 S.W.3d 512 (Tex. App. 2003). “The department has primary responsibility for: (1) providing protective services for children and elderly and disabled persons; (2) providing family support and family-preservation services which respect the fundamental right of parents to control the education and upbringing of…”

Texas Dep't of Fam. & Prot. Servs. v. Parra, 347 S.W.3d 362 (Tex. App. 2011). “021; Tex. Hum. Res.Code Ann. § 40.002(c)(West Supp.”

Mega Child Care, Inc. v. Texas Dep't of Prot. & Regulatory Servs., 81 S.W.3d 470 (Tex. App. 2002). “Tex. Hum. Res.Code Ann. § 40.002(b) (Vernon 2001).”

Vanessa Velez Labrado v. Leith Labrado, Laboe Labrado & Three R's Sch., LLC (Tex. App. 2024). · cites it 2× “29, 30 Tex. Hum. Res. Code Ann. § 40.002 .......”

in Re the Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2022). “See TEX. HUM. RES. CODE § 40.002; Tex. Dep’t of Family & Protective Servs.”

in Re the Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2022). “See TEX. HUM. RES. CODE ANN. § 40.002; Tex. Dep’t of Family & Protective Servs.”

In Re the Texas Dep't of Fam. & Prot. Servs. v. the State of Texas (Tex. App. 2023). “See TEX. HUM. RES. CODE ANN. § 40.002; Tex. Dep’t of Family & Protective Servs.”

Greg Abbott in His Off. Capacity as Governor of the State of Texas, Stephanie Muth in Her Off. Capacity of Comm'r of the Dep't of Fam. & Prot. Servs., & the Texas Dep't of Fam. & Prot. Servs. v. Jane Doe, Individually & as Parent & Next Friend of Mary Doe, a Minor John Doe, Individually & as Parent & Next Friend of Mary Doe, a Minor & Dr. Megan Mooney (Tex. App. 2024). “” See Tex. Hum. Res. Code § 40.002. They further allege that the rule is unconstitutional for several reasons, and accordingly, 18 the purportedly invalid rule impairs their constitutional rights.”

Lubbock-Crosby Cnty. Cmty. Supervision & Corr. Dep't, Crosby Cnty. Juv. Bd. v. Shane Lance (Tex. App. 2014). “See TEX. HUM. RES. CODE ANN. § 40.002(b)(1) (West 2013).”

Mega Child Care, Inc. v. Texas Dep't of Prot. & Regulatory Servs. (Tex. App. 2002). “Tex. Hum. Res. Code Ann. §40.002 (b) (Vernon 2001).”

Show all 14 citing cases →

— Tex. Hum. Res. Code § 40.002(b) — 1 case

Mega Child Care, Inc. v. Texas Dep't of Prot. & Regulatory Servs., 81 S.W.3d 470 (Tex. App. 2002). “Tex. Hum. Res.Code Ann. § 40.002(b) (Vernon 2001).”

— Tex. Hum. Res. Code § 40.002(b)(1) — 2 cases

Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). “, Tex. Hum. Res. Code § 40.002(b)(1), (2) (providing Texas Department of Family and Protective Services “shall .”

Lubbock-Crosby Cnty. Cmty. Supervision & Corr. Dep't, Crosby Cnty. Juv. Bd. v. Shane Lance (Tex. App. 2014). “See TEX. HUM. RES. CODE ANN. § 40.002(b)(1) (West 2013).”

— Tex. Hum. Res. Code § 40.002(b)(2) — 1 case

In Re Pensom, 126 S.W.3d 251 (Tex. App. 2003). “1985); Tex. Hum. Res.Code Ann. § 40.002(b)(2) (Vernon 2001).”

— Tex. Hum. Res. Code § 40.002(c) — 1 case

Texas Dep't of Fam. & Prot. Servs. v. Parra, 347 S.W.3d 362 (Tex. App. 2011). “021; Tex. Hum. Res.Code Ann. § 40.002(c)(West Supp.”

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