Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance - Division of Workers' Compensation, DWC, and DWC Commissioner Jeff Nelson in His Official Capacity
CourtTexas Court of Appeals, 15th District
Date FiledJuly 23, 2026
Docket15-25-00026-CV
StatusPublished
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Full Opinion
Affirm and Opinion filed July 23, 2026.
In The
Fifteenth Court of Appeals
NO. 15-25-00026-CV
DR. ERIC VANDERWERFF, D.C., Appellant
V.
TEXAS DEPARTMENT OF INSURANCE - DIVISION OF WORKERS'
COMPENSATION, DWC, AND DWC COMMISSIONER JEFF NELSON IN
HIS OFFICIAL CAPACITY, Appellee
On Appeal from the 455th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-23-004200
OPINION
The primary question before this Court is whether the Texas Department of
Insurance, Division of Workers’ Compensation (Division) has authority to assess
an administrative penalty against a chiropractor who permitted his chiropractic
license to expire while continuing to provide and bill for health care services
provided to workers’ compensation patients.
Following an administrative hearing before the State Office of
Administrative Hearings (SOAH), the Division Commissioner issued an
administrative-penalty order sanctioning Dr. Eric Vanderwerff for rendering and
billing chiropractic services in the workers’ compensation system with an expired
license. Vanderwerff then sued the Division and Division Commissioner in district
court seeking a reversal of the administrative order and declaratory relief. The
district court affirmed the administrative order and denied all further claims for
relief.
We conclude substantial evidence supports the administrative order and that
Vanderwerff’s claims for declaratory relief failed to invoke the jurisdiction of the
trial court. We therefore affirm the judgment of the district court.
BACKGROUND
For over twenty-five years, Vanderwerff has elected to provide chiropractic
services to patients within the workers’ compensation system as a treating doctor.
The Legislature mandates licensure for chiropractors rendering services to injured
workers entitled to benefits within the workers’ compensation system. Tex. Lab.
Code §§ 401.011(17) (defining “doctor” to include a chiropractor “who is licensed
and authorized to practice”), 401.011(21) (defining “health care practitioner” to
mean an individual who is licensed to provide health care or a nonlicensed
individual who provides health care under the direction of a doctor).
The Texas Board of Chiropractic Examiners (Chiropractic Board) issued a
chiropractic license to Vanderwerff. Chiropractors must renew their license every
two years. Tex. Occ. Code § 201.353 (providing that chiropractic licenses expire
every two years unless renewed); 22 Tex. Admin. Code § 72.14(a) (“A licensee
shall renew a license every two years on or before the first day of the licensee’s
birth month.”).
2
On August 7, 2020, the Chiropractic Board sent a notice of biennial license
renewal to Vanderwerff. On October 1, 2020, Vanderwerff’s chiropractic license
was set to expire unless he complied with the following mandatory requirements:
(1) paying the renewal fee; (2) completing the required continuing education
requirements; and (3) completing a training course on human trafficking. See Tex.
Occ. Code § 116.003 (requiring license holder to complete human trafficking
course as condition for renewing license); 22 Tex. Admin. Code §§ 72.14(c)
(requiring a licensee to submit a renewal fee to renew license), 73.1 (listing
continuing education requirements for licensees). Vanderwerff acknowledged that
he was aware of the license renewal deadline date.
Vanderwerff further acknowledged that he did not complete any of the
renewal requirements prior to his license expiring on October 1, 2020. Rather,
Vanderwerff completed the license renewal requirements on the following dates:
• On January 31, 2021, he completed the continuing education
requirements;
• On June 21, 2021, he completed the human trafficking course; and
• On June 25, 2021, he paid the renewal fee.
The Director of Licensing for the Chiropractic Board testified that—due to
Vanderwerff failing to complete the necessary renewal requirements—the
Chiropractic Board determined Vanderwerff’s license expired in accordance with
its statutory expiration date on October 1, 2020. See Tex. Occ. Code § 201.353
(providing that license expires every two years unless renewed). The witness
further testified that Vanderwerff did not renew the license until he paid the
renewal fee on June 25, 2021. See id. § 201.354(d); 22 Tex. Admin. Code §
72.14(c) (requiring licensee to submit renewal fee to renew license). During the
license-lapse period, the witness further testified that records from the Chiropractic
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Board showed Vanderwerff did not have a valid chiropractic license. See Tex.
Occ. Code § 201.354(f) (providing that a licensee who practices without a renewal
receipt practices without a license); 22 Tex. Admin. Code § 72.14(e) (providing
that a licensee who fails to renew a license every two years shall be considered by
the Chiropractic Board as practicing without a license). The Chiropractic Board
maintains a publicly available website permitting members of the public to verify
the license status of a chiropractor. During the license-lapse period, the public
website displayed the status of Vanderwerff’s license as “expired” with an
expiration date of October 1, 2020. The website further represented that license
holders with an expired license status were “ineligible to practice.”
Upon learning the Chiropractic Board determined Vanderwerff’s license
expired, the Division Commissioner issued an emergency cease-and-desist order
prohibiting Vanderwerff from providing unlicensed chiropractor services within
the workers’ compensation system until he provided notice that the Chiropractic
Board renewed his license. 1 See Tex. Lab. Code § 415.0211(a) (providing that the
commissioner ex parte may issue an emergency cease-and-desist order if the
commissioner believes a person regulated by the division is engaging in conduct
that violates a law, rule, or order; and the commissioner believes that the alleged
conduct will result in harm).
The Division then sent notice to Vanderwerff that it intended to sanction him
for rendering health care, completing work status reports, and billing in the
workers’ compensation system with an expired license. See id. § 415.032.
Vanderwerff requested a contested-case hearing, and the Division referred the
1
The emergency cease-and-desist order informed Vanderwerff that he was entitled to request a
contested-case hearing no later than 30 days after receiving the order. Vanderwerff did not request a
hearing to contest the cease-and-desist order. See Tex. Lab. Code § 415.0211(c) (providing that a person
affected by a cease-and-desist order must request a hearing no later than 30 days after receipt of order).
On July 26, 2021, Vanderwerff informed the Division that the Chiropractic Board reinstated his license.
The Division then lifted the emergency cease-and-desist order.
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matter to SOAH. At the administrative hearing that followed, Vanderwerff
testified as well as representatives from both the Division and the Chiropractic
Board.
Following the hearing, the administrative law judge issued a proposal for
decision recommending the Commissioner assess a $12,000 penalty against
Vanderwerff for rendering health care, completing work status reports, and billing
in the workers’ compensation system while his license was expired and for two
violations of the cease-and-desist order. See id. §§ 402.073, 415.034. Relevant to
this appeal, the administrative law judge rejected Vanderwerff’s contention that the
Division lacked authority to sanction him for providing services within the
workers’ compensation system with an expired license. Instead, the administrative
law judge found: “Under the Texas Workers’ Compensation Act, doctors must be
licensed and authorized to practice. The Commissioner is authorized to enforce
this requirement for health care provided in the workers’ compensation system. By
participating in the workers’ compensation system, Vanderwerff elected to follow
its requirements or be subject to discipline.”
The Commissioner issued an administrative-penalty order fully adopting and
incorporating by reference the proposal for decision’s findings of fact and
conclusions of law and assessing a $12,000 penalty against Vanderwerff.
Vanderwerff then sued the Division and Division Commissioner in district court
seeking a reversal of the administrative-penalty order and declaratory relief. After
conducting a hearing on the merits, the district court signed a final judgment
affirming the administrative-penalty order after finding it was supported by
substantial evidence and denying all further requested relief.
On appeal, Vanderwerff contends: (1) the Division did not have statutory
authority to sanction him for practicing with an expired license because the
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Chiropractic Board has exclusive jurisdiction over the regulation of chiropractic
licenses; (2) his license did not expire because he completed the renewal
requirements within one year of the license expiration date; and (3) the district
court improperly denied his claims for declaratory relief.
LEGAL STANDARDS
We first note that the decision subject to our review is the Division
Commissioner’s administrative-penalty order. See Montgomery ISD v. Davis, 34
S.W.3d 559, 562 (Tex. 2000). However, because the Commissioner affirmed and
incorporated all the administrative law judge’s findings and conclusions, our focus
will be on the proposal for decision. See id.
We review the administrative-penalty order for substantial evidence. Tex.
Lab. Code § 415.036 (“An order of the commissioner is subject to judicial review
under the substantial evidence rule.”). Under this rule, a court may not substitute
its judgment for the judgment of the state agency on the weight of the evidence on
questions committed to agency discretion. Tex. Gov’t Code § 2001.174.
However, the court must reverse or remand an agency decision if: (1) “substantial
rights of the appellant have been prejudiced;” and (2) that prejudice is a result of
“administrative findings, inferences, conclusions, or decisions” that are
(A) in violation of a constitutional or statutory provision;
(B) in excess of the agency’s statutory authority;
(C) made through unlawful procedure;
(D) affected by other error of law;
(E) not reasonably supported by substantial evidence considering the
reliable and probative evidence in the record as a whole; or
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(F) arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion.
Id. Under the substantial-evidence rule, the agency’s findings, inferences,
conclusions, and decisions are presumed to be supported by substantial evidence,
and the burden is on the contestant to demonstrate otherwise. Tex. Comm’n on
Env’t Quality v. Maverick Cnty., 642 S.W.3d 537, 547 (Tex. 2022). Whether the
contestant has met this burden is a question of law, Dyer v. Tex. Comm’n on Env’t
Quality, 646 S.W.3d 498, 505 (Tex. 2022), and on review, we focus on the
agency’s decision without deference to the district court’s judgment, Tex. Dep’t of
Pub. Safety v. Alford, 209 S.W.3d 101, 103 (Tex. 2006) (per curiam).
The gravamen of this dispute, however, is the Division’s construction of a
statute it is charged with administering. The construction of a statute is a question
of law we review de novo. Maverick Cty., 642 S.W.3d at 544; R.R. Comm’n of
Tex. v. Tex. Citizens for a Safe Future & Clean Water, 336 S.W.3d 619, 624 (Tex.
2011). “When construing a statute, our primary objective is to determine the
Legislature’s intent which, when possible, we discern from the plain meaning of
the words chosen.” In re Est. of Nash, 220 S.W.3d 914, 917 (Tex. 2007).
DISCUSSION
A. Statutory Authority
In his first issue on appeal, Vanderwerff contends the Division exceeded its
authority by sanctioning him for rendering services to workers’ compensation
patients with an expired license because the Chiropractic Board has “sole
regulatory authority over chiropractors and licensure issues.” We understand
Vanderwerff’s argument to be that the Division committed an error of law in
construing its statutory authority such that the Commissioner’s administrative-
penalty order is not supported by substantial evidence. Vanderwerff’s argument
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requires us to analyze the statutory authority of both the Chiropractic Board and
the Division with respect to the licensure of chiropractors.
Texas Occupations Code Chapter 201 regulates the practice of chiropractic.
See Tex. Occ. Code §§ 201.001–.606. This chapter “defines the permissible scope
of chiropractic practice, imposes education and licensing requirements, and
delegates regulatory authority to the Chiropractic Board.” Tex. Ass’n of
Acupuncture & Oriental Med. v. Tex. Bd. Of Chiropractic Exam’rs, 524 S.W.3d
734, 736 (Tex. App.—Austin 2017, no pet.). A person may not practice
chiropractic unless the person holds a license issued by the Chiropractic Board.
Tex. Occ. Code § 201.301.
Subchapter G of Chapter 201 sets forth the licensing requirements for
chiropractors, and Subchapter H sets forth the requirements for renewing an
existing license. See id. §§ 201.301–.314 (Subchapter G); 201.351–.356
(Subchapter H). Relevant in this case, Section 201.354 of Subchapter H specifies
that a person “may renew an unexpired license by paying the required renewal fee
to the board before the expiration date of the license” and that a “person who
practices chiropractic without a renewal license receipt for the current year
practices without a license.” Id. § 201.354(a), (f).
Subchapters K, L, and M set forth disciplinary procedures, penalties, and
enforcement provisions that the Chiropractic Board may take against a chiropractor
for violations of the chapter. Id. §§ 201.501–.511 (Subchapter K); 201.551–.561
(Subchapter L); 201.601–.606 (Subchapter M). The disciplinary procedures
include in part the authority to revoke or suspend a license and the authority to
impose administrative penalties. Id. § 201.501(a). The Chiropractic Board may
also seek injunctive relief and issue a cease-and-desist order. Id. §§ 201.601(b),
.6015(a).
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Turning to the regulatory authority of the Division, the Texas Workers’
Compensation Act is a “comprehensive legislative framework that creates a
statewide no-fault insurance system for workers injured or killed in the course and
scope of their employment.” Tex. Pol. Subdivisions Joint Self-Ins. Fund v. Tex.
Dep’t of Ins.–Div. of Workers’ Comp., 681 S.W.3d 491, 493 (Tex. App.—Austin
2023, pet. denied); see Tex. Mut. Ins. Co. v. PHI Air Med., LLC, 610 S.W.3d 839,
858 (Tex. 2020) (Bland, J., concurring) (“The Texas Workers’ Compensation Act
is a comprehensive regulatory structure for insurance carriers, employers,
employees, health care providers, and others who claim benefits under a workers’
compensation policy.”). The Texas Department of Insurance is the state agency
designated to oversee the workers’ compensation system, and within the
Department, the Legislature established the Division to administer and operate the
workers’ compensation system. Tex. Lab. Code § 402.001.
The Texas Workers’ Compensation Act mandates that chiropractors
rendering professional health care services to injured workers within the system be
properly licensed. Id. §§ 401.011(17) (defining “doctor” to include a chiropractor
“who is licensed and authorized to practice”), 401.011(21) (defining “health care
practitioner” to mean an individual who is licensed to provide health care or a
nonlicensed individual who provides health care under supervision of doctor). The
Division has no statutory discretion to permit an unlicensed chiropractor to render
professional services to injured workers receiving care in the workers’
compensation system. Id. § 401.011(17). Rather, the licensure requirement is a
mandate. Id.; see Bell v. Tex. Workers Comp. Comm’n, 102 S.W.3d 299, 305 (Tex.
App.—Austin 2003, no pet.) (“Nothing in the statute affords any discretion to the
executive director about removing a doctor whose license has been suspended.”).
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The duty of the Division is to ensure the “laws regarding workers’
compensation are executed.” Tex. Lab. Code § 402.00114(a)(2). The Legislature
requires the Division to monitor health care providers for compliance with laws
and rules related to workers’ compensation. Id. § 414.002(a)(5). In furtherance of
this duty, the Legislature vested the Division Commissioner with the authority to
impose “an array of sanctions against those who fail to comply, including a cease-
and-desist order and administrative penalties up to $25,000 per day per
occurrence.” In re Crawford & Co., 458 S.W.3d 920, 923 (Tex. 2015); see Tex.
Lab. Code § 415.021 (“[A] person commits an administrative violation if the
person violates, fails to comply with, or refuses to comply with this subtitle or a
rule, order, or decision of the commissioner, including an emergency cease and
desist order issued under Section 415.0211. In addition to any sanctions,
administrative penalty, or other remedy authorized by this subtitle, the
commissioner may assess an administrative penalty against a person who commits
an administrative violation.”).
Harmonizing the Texas Workers’ Compensation Act with Texas
Occupations Code Chapter 201, the Legislature vested the Chiropractic Board with
sole authority to issue Vanderwerff’s license and to determine whether the license
expired. See Tex. Occ. Code §§ 201.301 – .356 (setting forth licensing and
renewal requirements); see also Cash Am. Int’l Inc. v. Bennett, 35 SW.3d 12, 15
(Tex. 2000) (“An agency has exclusive jurisdiction when the Legislature gives the
agency alone the authority to make the initial determination in a dispute.”); Tex.
Med. Bd. v. Wiseman, No. 03-13-00210-CV, 2015 WL 410330, at *2 (Tex. App.—
Austin Jan. 30, 2015, pet. denied) (mem. op.) (concluding under the Texas Medical
Practice Act that the Texas Medical Board is “the primary means of licensing,
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regulating, and disciplining physicians in Texas . . . and the Legislature has given
the Board exclusive jurisdiction over disputes involving medical licenses”).
However, upon the determination by the Chiropractic Board that
Vanderwerff’s license expired, the Division had a statutory duty to prevent him
from continuing to provide professional services without a valid license and the
authority to sanction him for refusing to comply with the Legislature’s licensure
requirement.2 Tex. Lab. Code §§ 401.011(17); 415.021, .0211, .0215; see Bell,
102 S.W.3d at 304 (“[T]he state has a considerable interest in regulating the quality
of medical care offered to injured workers in the highly regulated workers
compensation system. To this end, the legislature had delegated to the
Commission the duty to scrutinize its list of approved doctors and to remove,
without further consideration, any doctors whose license have been suspended.”).
With respect to licensure, the only fact to be determined by the Division was
whether the Chiropractic Board determined the license expired. See Bell, 102
S.W.3d at 305. Because the Chiropractic Board determined his license expired, the
Division did not act outside of its statutory authority in sanctioning Vanderwerff
for rendering health care with an expired license in the workers’ compensation
system.
Vanderwerff contends the Division can neither stop nor sanction a
chiropractor who renders professional health care services in the workers’
compensation system with an expired license. Instead, Vanderwerff contends that
such actions invoke the Chiropractic Board’s exclusive jurisdiction over licensing
matters. Vanderwerff’s interpretation conflicts with the statutory purposes of the
2
Although Vanderwerff vaguely references case law discussing due process principles on
appeal, his petition in the district court did not assert a due process claim. We will therefore not
address due process. See Cont’l Cas. Ins. Co. v. Functional Restoration Assocs., 19 S.W.3d 393,
404 (Tex. 2000); City of San Antonio v. Schautteet, 706 S.W.2d 103, 104 (Tex. 1986).
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Texas Workers’ Compensation Act, which imposes a duty on the Division to
protect workers by ensuring that health care practitioners are properly licensed.
Under Vanderwerff’s interpretation of the statute, a chiropractor with an expired
license may continue to provide health care to injured workers within the workers’
compensation system without interference from the Division. Such an
interpretation would plainly flaunt the Legislature’s intent in requiring licensure.
Vanderwerff chose to participate in the workers’ compensation system and
as such agreed to abide by its rules, including its licensure mandate. His
participation in the workers’ compensation system was not mandatory. Likewise,
the Division did not act against Vanderwerff’s chiropractic license. Rather, the
Division sanctioned him for treating injured workers with an expired license in
violation of the Texas Workers’ Compensation Act’s licensure mandate, which the
Division is statutorily charged with enforcing.
For these reasons, we conclude Vanderwerff’s contention that the Division
acted outside of its statutory authority lacks merit. As such, we overrule this issue
on appeal.
B. License Expiration
In his second issue, Vanderwerff contends his license did not expire because
he completed the renewal requirements within one year of the license expiration
date. The Chiropractic Board determined Vanderwerff’s license expired on
October 1, 2020. On June 25, 2021, Vanderwerff renewed his license by paying
the renewal fee, which was the last remaining requirement needed to complete his
license renewal process.
However, Vanderwerff contends that the Chiropractic Board improperly
determined his license expired and should have retroactively applied the date his
license renewed such that there was no lapse in his licensure. Vanderwerff’s
12
contention requires further explanation of the licensure renewal requirements for
chiropractors. Chapter 201 of the Texas Occupations Code provides that if a
person’s chiropractic license has expired for more than 90 days but less than one
year, “the person may renew the license by paying to the board a renewal fee that
is equal to two times the renewal fee set by the board.” Tex. Occ. Code §
201.354(d). The chapter further mandates: “A person who practices chiropractic
without a renewal receipt for the current year practices chiropractic without a
license.” Id. § 201.354(f). Thus, a person who fails to timely pay the renewal fee
practices without a license.
In comparison, when a chiropractor fails to complete the required continuing
education requirements for license renewal, the Chiropractic Board places the
license in Continuing Education Conditional (CEC) status. 22 Tex. Admin. Code §
73.2(a). While under this conditional status, a chiropractor “may continue to
practice if the licensee completes the required continuing education within the 12
month CEC period.” Id. § 73.2(b).
Vanderwerff contends that he understood these “laws and rules to allow him
to continue practicing for up to a year while he did successfully complete the
education requirements for the two-year license renewal and pay the statutory
renewal fee albeit with an additional late fee.” Vanderwerff improperly conflates
the separate licensure requirements of paying the renewal fee and completing his
continuing education. Vanderwerff is correct that the Chiropractor Board permits
chiropractors who have not completed their continuing education credits to
continue to practice for up to one year. Id. § 73.2(b). The Legislature, however,
did not create a similar exception for the renewal fee requirement. Rather, the
Legislature mandated that the failure to pay the renewal fee equates to practicing
without a license. Tex. Occ. Code § 201.354(f).
13
Regardless, the issue before the Division Commissioner was whether the
Chiropractic Board determined the license had expired for the relevant period in
question. Moreover, the issue before this Court is whether there was substantial
evidence to support the Commissioner’s conclusion that the license expired. At the
administrative hearing, the Director of Licensing for the Chiropractic Board
testified that the license expired for the period of October 1, 2020, through June 25,
2021. The Director further testified that the license renewed on the date
Vanderwerff paid the renewal fee and that the renewal date was not retroactive. As
such, there was substantial evidence to support the Commissioner’s finding that
Vanderwerff’s license expired. Accordingly, we overrule Vanderwerff’s second
issue on appeal.
C. Declaratory Judgment
In his third issue, Vanderwerff contends the district court erred in dismissing
his claim for administrative relief without permitting his claims for declaratory
relief to proceed. Vanderwerff pleaded that his suit was for “declaratory judgment
interpretation of statutes as well as judicial review of administrative enforcement
proceedings.” He further requested the following declarations under the Uniform
Declaratory Judgments Act (UDJA):
• that the Chiropractic Board “cannot take any action because Dr.
Vanderwerff, within the one-year grace period for two-year license
renewal, did everything he needed to do including paying the
Legislature mandated only higher renewal fee for up to one year for
chiropractors who miss the pre-license period deadline for whatever
reason without even good cause being needed”;
• that “every chiropractor has up to the end of the first year of their two-
year licenses to renew the license with only an additional fee required
and not even good cause being needed”; and
• that the Division and Division Commissioner “acted ultra vires and . .
. have no authority to restrict or attempt to inhibit chiropractic
14
treatment services . . . or take any action on the licensure exclusively
assigned to another state agency, the [Chiropractic Board].”
The UDJA permits “[a] person . . . whose rights, status, or other legal relations are
affected by a statute, municipal ordinance, contract, or franchise [to] have
determined any question of construction or validity arising under the instrument,
statute, ordinance, contract, or franchise and obtain a declaration of rights, status,
or other legal relations thereunder.” Tex. Civ. Prac. & Rem. Code § 37.004(a).
The UDJA is remedial; its purpose is “to settle and to afford relief from uncertainty
and insecurity with respect to rights, status, and other legal relations.” Id. §
37.002(b).
The UDJA “‘does not contain a general waiver of sovereign immunity’ for
claims for declaratory judgment against the government.” State v. Zurawski, 690
S.W.3d 644, 660 (Tex. 2024) (quoting Town of Shady Shores v. Swanson, 590
S.W.3d 544, 552 (Tex. 2019)). Instead, it provides “only a limited waiver for
challenges to the validity of an ordinance or statute.” Shady Shores, 590 S.W.3d at
552. Claims for “other types of declaratory relief are barred absent a legislative
waiver of immunity with respect to the underlying action.” Id. “Thus, to obtain
declaratory relief against the government, it is necessary to show that the
challenged law is invalid because it is unconstitutional, preempted by superior
governing law, or barred for some similar reason. The Declaratory Judgments Act
does not permit a suit merely seeking guidance about the application of the law to
particular facts.” Zurawski, 690 S.W.3d at 661.
Vanderwerff’s requests do not seek a declaration concerning the validity of
any statute. Rather, the requests seek statutory construction guidance and a
declaration of his rights under the respective statutes governing the authority of the
Division and the Chiropractic Board. The UDJA “does not waive sovereign
15
immunity for bare statutory construction claims.” McLane Co., Inc. v. Tex.
Alcoholic Beverage Comm’n, 514 S.W.3d 871, 876 (Tex. App.—Austin 2017, pet.
denied); see Tex. Dep’t of Transp. v. Sefzik, 355 S.W.3d 618, 621 (Tex. 2011) (per
curiam) (“[T]he UDJA does not waive the state’s sovereign immunity when the
plaintiff seeks a declaration of his or her rights under a statute or other law.”).
Vanderwerff seeks a declaration of his rights under a statute and is not challenging
the validity of any statute; thus, immunity is not waived under the UDJA. See
Sefzik, 355 S.W.3d at 622 (“Sefzik is not challenging the validity of a statute;
instead, he is challenging TxDOT’s actions under it, and he does not direct us to
any provision of the UDJA that expressly waives immunity for his claim.”).
Vanderwerff additionally contends that his claims for declaratory relief
asserted an ultra-vires claim against the Division and Division Commissioner.
Assuming without deciding that Vanderwerff properly pleaded an ultra-vires
claim, we conclude that the trial court lacked jurisdiction to hear the claim due to
the redundant-remedies doctrine. “Under the redundant remedies doctrine, courts
will not entertain an action brought under the UDJA when the same claim could be
pursued through different channels.” Patel v. Tex. Dep’t of Licensing & Regul.,
469 S.W.3d 69, 79 (Tex. 2015). “The focus of the doctrine is on the initiation of
the case, that is, whether the Legislature created a statutory waiver of sovereign
immunity that permits the parties to raise their claims through some avenue other
than the UDJA.” Id.
The Legislature created—under Texas Labor Code Section 415.036—a
statutory waiver of immunity for parties seeking to challenge an order of the
Commissioner. Tex. Lab. Code § 415.036 (“An order of the commissioner is
subject to judicial review under the substantial evidence rule.”). Under that
provision, the district court may review whether an agency decision was “in excess
16
of the agency’s statutory authority.” Tex. Gov’t Code § 2001.174(2)(B).
Vanderwerff availed himself of this provision in seeking judicial review of the
Commissioner’s order.
The remedy afforded Vanderwerff by Texas Labor Code Section 415.036 is
the same remedy he seeks in his ultra vires claim: the reversal of the
Commissioner’s order. See Gonzalez v. Tex. Med. Bd., 722 S.W.3d 848, 852 (Tex.
2025) (“What matters is whether the APA would’ve afforded him the same
remedy—that’s why we call it the redundant-remedies doctrine, not the redundant-
claims doctrine.”). Vanderwerff did not seek relief beyond his administrative
remedy. See id. (holding redundant remedies did not bar claim when appellant
sought prospective injunctive and equitable relief beyond administrative remedy).
As such, the relief Vanderwerff is seeking is redundant of his administrative
remedies, and the district court properly dismissed the claim.
Accordingly, we conclude Vanderwerff’s claims for declaratory relief did
not invoke the jurisdiction of the trial court. We therefore overrule Vanderwerff’s
third issue on appeal.
CONCLUSION
Having overruled Vanderwerff’s issues on appeal, we affirm the final
judgment of the trial court.
/s/ Scott K. Field
Scott K. Field
Justice
Panel consists of Chief Justice Brister and Justices Field and Farris.
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