HBA-ATS C.S.H.C.R. 248 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.C.R. 248 By: Eiland Civil Practices 5/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE J. Keith Rose seeks permission to sue the State of Texas and The University of Texas Southwestern Medical Center at Dallas (medical center). Mr. Rose alleges that he was wrongfully terminated without just cause from the medical center's six-year combined general surgery/plastic surgery integrated residency training program. C.S.H.C.R. 248 grants J. Keith Rose permission to sue the State of Texas and The University of Texas Southwestern Medical Center at Dallas subject to Chapter 107 (Permission to Sue the State), Civil Practice and Remedies Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.C.R. 248 prohibits the total of all damages awarded in the suit authorized by this resolution, including any court costs, attorney's fees, and prejudgement interest awarded under law, from exceeding $100,000. Prohibits J.Keith Rose from pleading an amount in excess of that amount in a suit authorized by this resolution. Authorizes this as the total amount to be recovered with respect to the contract that is the subject of this resolution in all actions brought with respect to that contract. Provides that the payment of any damages awarded in a suit authorized by this section from the state treasury is subject to appropriation. Provides that if any damages are awarded in a suit authorized by this resolution, the damages be paid from money appropriated to or otherwise available to the University of Texas Southwestern Medical Center at Dallas. Provides that additional money should not be appropriated for the purpose of paying these damages. Provides that the remedies available to J. Keith Rose in the suit authorized by this resolution are limited to the remedies traditionally available for breach of contract. Provides an exception prohibiting J.Keith Rose from recovering consequential, exemplary or punitive damages resulting from any breach of contract. Provides that this resolution does not authorize suit on any claim that sounds in tort, including but not limited to wrongful termination. Grants J. Keith Rose permission to sue the State of Texas and The University of Texas Southwestern Medical Center at Dallas subject to Chapter 107 (Permission to Sue the State), Civil Practice and Remedies Code. Provides that the chairman of the board of regents of The University of Texas System be served process as provided by Section 107.002(a)(3) (relating to service of citation and processing being made on the attorney general and a representative of the affected state agency), Civil Practice and Remedies Code. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.C.R. 248 modifies the original resolution by removing the allegation that J.Keith Rose is entitled to damages and other relief as the court deems appropriate. C.S.H.C.R. 248 modifies the original resolution by adding the following language: H.C.R. 248 prohibits the total of all damages awarded in the suit authorized by this resolution, including any court costs, attorney's fees, and prejudgement interest awarded under law, from exceeding $100,000. Prohibits J.Keith Rose from pleading an amount in excess of that amount in a suit authorized by this resolution. Authorizes this as the total amount to be recovered with respect to the contract that is the subject of this resolution in all actions brought with respect to that contract. Provides that the payment of any damages awarded in a suit authorized by this section from the state treasury is subject to appropriation. Provides that if any damages are awarded in a suit authorized by this resolution, it is the intent of the legislature that the damages be paid from money appropriated to or otherwise available to the University of Texas Southwestern Medical Center at Dallas. Provides that additional money should not be appropriated for the purpose of paying these damages. Provides that the remedies available to J. Keith Rose in the suit authorized by this resolution are limited to the remedies traditionally available for breach of contract. Provides an exception prohibiting J.Keith Rose from recovering consequential, exemplary or punitive damages resulting from any breach of contract. Provides that this resolution does not authorize suit on any claim that sounds in tort, including but not limited to wrongful termination.