CourtListener 10748952•Unique Mica Green v. Texas Funeral Service Commission
Unique Mica Green v. Texas Funeral Service Commission
CourtListener 10748952Txctapp153 déc. 2025
Texte intégral
ACCEPTED
15-25-00149-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
12/3/2025 7:30 AM
CHRISTOPHER A. PRINE
CLERK
FILED IN
15th COURT OF APPEALS
REPLY BRIEF OF APPELLANT AUSTIN, TEXAS
12/3/2025 7:30:10 AM
UNIQUE M. GREEN CHRISTOPHER A. PRINE
Clerk
In the Court of Appeals for the Fifteenth District of Texas
Case No. 15-25-00149-CV
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INTRODUCTION AND SUMMARY OF ARGUMENT
Appellant, Unique M. Green, files this Reply Brief to correct the factual record,
rebut the Texas Funeral Service Commission’s (“TFSC”) legal arguments, and
demonstrate that the agency acted outside its authority when it revoked an already
renewed and active funeral establishment license. This Reply Brief incorporates all
previously filed exhibits and addresses every issue raised in the TFSC Appellee
Brief.
The evidentiary record shows that Appellant renewed her establishment license
online before expiration. TFSC accepted the renewal fee, the online system
processed the renewal, and the license was updated to ACTIVE status. Once
renewed, the license became a protected property interest under state and federal
law.
Despite this, in January 2025 the Executive Director of TFSC unilaterally revoked
the renewed license without notice, without filing charges, without initiating a
contested case, and without providing a hearing. Texas law requires all of these
steps before revocation. TFSC bypassed every one.
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Additionally, Appellant’s attorney, Andre Wheeler, contacted the Executive
Director requesting that the matter be set for hearing and referred to the State
Office of Administrative Hearings (SOAH). TFSC did not respond and never
initiated the administrative process. Attorney Wheeler’s affidavit, included in the
trial court filings, confirms these facts.
This Reply Brief addresses all issues raised by TFSC, including standing,
exhaustion, property ownership, background check completion, the COO
accusations, the “expiration” theory, sovereign immunity, ultra vires conduct, due
process violations, and TFSC’s misapplication of its own rules.
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I. APPELLANT HAS STANDING
TFSC argues that Appellant lacks standing because (1) she does not appear on
county deed records as the property owner, (2) her individual funeral director
license expired, and (3) the establishment license allegedly expired. These
arguments are legally baseless.
Funeral establishment licensure does not depend on property ownership. Many
establishments operate from leased property. The controlling factor is operational
control, which Appellant exercised. Additionally, an individual funeral director
license is not a prerequisite to renewal or operation of an establishment license.
Standing exists because TFSC’s unauthorized revocation directly injured Appellant
by removing an active license she had lawfully renewed. That satisfies Article III
injury in fact.
TFSC repeatedly relies on Harris County deed records to argue that Appellant
could not lawfully renew or operate the establishment license because she is not
listed as the deed owner. This argument is unsupported by statute, rule, or TFSC’s
own historical practice. Texas law does not require an establishment licensee to
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own the underlying real property. Funeral establishments across Texas routinely
operate in leased buildings or buildings owned by third parties. The establishment
license attaches to the operation of the funeral business—not title to the land.
TFSC’s attempt to convert property ownership into a prerequisite for licensure is
legally baseless and contradicts the plain text of its own regulations. Moreover,
TFSC cannot label COO filings “false” without initiating a contested case, issuing
notice, presenting charges, and allowing a SOAH adjudication. None of these
occurred. Therefore, the deed argument is both procedurally invalid and
substantively irrelevant to the legality of Appellant’s renewed license.
II. THE BACKGROUND CHECK WAS COMPLETED
TFSC repeatedly argues Appellant “never completed the background check.” This
claim is false. The exhibits in the appellate record demonstrate that Appellant
completed the required background check. The TFSC licensing system will not
renew or activate a license if a background check is not completed.
TFSC accepted the fee, processed the renewal, and marked the license ACTIVE.
These steps could not occur if the background check were incomplete. TFSC’s
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argument contradicts its own automated system and the documentary evidence.
III. TFSC’S “EXPIRATION” THEORY IS FALSE
TFSC’s assertion that the establishment license “expired by its own terms” is both
factually and legally incorrect. Appellant renewed the license online before
expiration, TFSC accepted the renewal fee, and the license was updated to
ACTIVE status. A renewed license does not expire; it continues into the new
licensing period. TFSC’s reliance on an “expiration” theory ignores the renewal
that the agency itself processed.
TFSC’s January 2025 action was a revocation of an active, renewed license—not a
natural expiration. Appellant therefore possessed a protected property interest that
could not be removed without notice and a hearing.
IV. COO ACCUSATIONS FAIL
TFSC claims Appellant submitted false information on Change-of-Ownership
forms. COO forms are administrative and do not determine ownership of an
establishment license. Moreover, TFSC never filed charges or initiated an
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investigation. Without a contested case, TFSC cannot legally label filings “false.”
Due process prohibits such action.
The COO filings were accurate as submitted, and TFSC’s accusation has no factual
or procedural basis.
V. COUNTY PROPERTY RECORDS ARE IRRELEVANT
TFSC relies on county property deeds to argue Appellant cannot renew an
establishment license. Texas law does not require an establishment licensee to own
the underlying real property. Many funeral homes operate on leased land. Property
ownership is irrelevant to the renewal or maintenance of an establishment license.
TFSC’s deed argument is therefore misplaced and unsupported.
VI. EXHAUSTION DOES NOT APPLY
TFSC argues Appellant failed to exhaust administrative remedies. This argument
fails because TFSC never initiated a contested case. A person cannot request a
hearing that the agency refuses to provide.
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Trial court exhibits show that Appellant’s attorney, Andre Wheeler, emailed the
Executive Director specifically requesting that TFSC set the matter for hearing and
refer it to SOAH. TFSC ignored the request and never initiated the administrative
process. Wheeler also executed an affidavit confirming these facts.
When an agency refuses to begin the administrative process, exhaustion rules do
not apply.
VII. THE REVOCATION WAS ULTRA VIRES
The Executive Director revoked a renewed license without following any statutory
procedure. Revocation requires notice, a statement of charges, and a SOAH
hearing. None of these steps occurred. An official who acts without authority
commits ultra vires conduct, and sovereign immunity does not protect such actions.
This Court may review and restrain unlawful executive action.
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VIII. SOVEREIGN IMMUNITY DOES NOT APPLY
TFSC argues sovereign immunity bars this suit. Not so. Under Texas law, ultra
vires suits seeking prospective relief are not barred. Appellant seeks only to undo
an unlawful revocation and restore the lawfully renewed license.
Additionally, TFSC’s action constitutes a final agency decision subject to APA
review.
IX. DUE PROCESS WAS VIOLATED
Appellant held a protected property interest in her renewed establishment license.
Due process required TFSC to provide notice and a hearing before revocation.
TFSC provided neither.
TFSC also argues Appellant waived due process by not requesting a hearing. This
is impossible—TFSC never offered a hearing or initiated the administrative
process. One cannot waive a hearing never provided.
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X. TFSC’S CASE LAW IS INAPPOSITE
TFSC cites several cases to justify its conduct. None involve revocation of a
renewed and active license without notice or hearing. TFSC’s cases concern
incomplete renewals or applications—not post-renewal revocations. The
distinctions are fundamental.
This case is not about a denied renewal; it is about an unlawful revocation.
CONCLUSION
For the reasons stated above, Appellant respectfully requests that this Court reverse
the trial court’s dismissal and remand the case for full adjudication on the merits,
or alternatively issue relief restoring the renewed establishment license.
/s/ Unique M Green
Unique M Green
1116 Elberta St
Houston, Tx. 77051
281-408-3103
Greenmica1980@aol.com
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of this brief was served through the Court’s
electronic filing system on this date.
/s/ Unique M. Green
Appellant, Pro Se
11
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.
Envelope ID: 108644235
Filing Code Description: Brief Not Requesting Oral Argument
Filing Description: Appellant Reply Brief
Status as of 12/3/2025 9:03 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Catherine Hughes catherine.hughes@oag.texas.gov 12/3/2025 7:30:10 AM SENT
Sherlyn Harper Sherlyn.Harper@oag.texas.gov 12/3/2025 7:30:10 AM SENT
Paulette King acommunityfuneralhome@yahoo.com 12/3/2025 7:30:10 AM SENT
Unique MGreen greenmica1980@aol.com 12/3/2025 7:30:10 AM SENT
Sarah Saunders info@tfsc.texas.gov 12/3/2025 7:30:10 AM SENT
Michael Nored michael.nored@tfsc.texas.gov 12/3/2025 7:30:10 AM SENT
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