HBA-ALS H.C.R. 106 76(R) HBA-ALS H.C.R. 106 76(R) HBA-ALS H.C.R. 106 76(R) BILL ANALYSIS Office of House Bill AnalysisH.C.R. 106 By: Nixon, Joe Civil Practices 4/12/1999 Introduced BACKGROUND AND PURPOSE Anh N. Pham alleges that on or about June 15, 1994, Anh N. Pham entered into a residential lease contract with the Mental Health and Mental Retardation Authority of Harris County regarding Anh N. Pham's property located at 3643 Storm Creek, Houston, Harris County, Texas. Anh N. Pham alleges that the Mental Health and Mental Retardation Authority of Harris County failed to perform its obligations under the contract and that Anh N. Pham performed all obligations under the contract; sustained damages and incurred additional costs because of the actions and inactions of the Mental Health and Mental Retardation Authority of Harris County; and is entitled to recover compensation in an amount not to exceed $20,000, including attorney's fees and court costs. H.C.R. 106 grants Anh N. Pham permission to sue the State of Texas and the Mental Health and Mental Retardation Authority of Harris County subject to Chapter 107, Civil Practice and Remedies Code, and provides that the director of the Mental Health and Mental Retardation Authority of Harris County be served process as provided by Section 107.002(a)(3), Civil Practice and Remedies Code (Permission to Sue the State; Effect of Grant of Permission). RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS H.C.R. 106 provides that Anh N. Pham is granted permission to sue the State of Texas and the Mental Health and Mental Retardation Authority of Harris County subject to Chapter 107, Civil Practice and Remedies Code, and that the director of the Mental Health and Mental Retardation Authority of Harris County be served process as provided by Section 107.002(a)(3), Civil Practice and Remedies Code (Permission to Sue the State; Effect of Grant of Permission). H.C.R. 106 further provides that the remedies available to Anh N. Pham in the suit authorized by this resolution are limited to the remedies traditionally available for breach of contract, and prohibits Anh N. Pham from recovering exemplary or punitive damages resulting from the breach of contract. Prohibits the total of all damages awarded in the suit authorized by this resolution, including any court costs, attorney's fees, and prejudgment interest awarded under law, from exceeding $20,000 and prohibits Anh N. Pham from pleading an amount exceeding that amount in a suit authorized by this resolution. Provides that this is the total amount that is authorized to be recovered with respect to the contract that is the subject of this resolution in all actions brought with respect to that contract.