By:  Hightower                                        H.C.R. No. 51
       73R2939 MDR-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, The Alabama-Coushatta Indian Tribe of Texas alleges
    1-2  that:
    1-3              (1)  in 1954, federal supervision of the
    1-4  Alabama-Coushatta Indian Tribe was terminated and all trust
    1-5  responsibility for the tribe was transferred to the State of Texas;
    1-6              (2)  the State of Texas was required to assist the
    1-7  tribe's development of the human and economic resources of the
    1-8  tribe, as well as the development of the health, educational,
    1-9  agricultural, business, and industrial capabilities of the
   1-10  reservation;
   1-11              (3)  on or about January 7, 1986, it was discovered
   1-12  that $458,841 of revenue had been unlawfully appropriated from the
   1-13  tribe;
   1-14              (4)  the funds were unlawfully appropriated by Brenda
   1-15  Thompson, an employee of the State of Texas;
   1-16              (5)  during the period in which she unlawfully
   1-17  appropriated the funds, Brenda Thompson was under the supervision
   1-18  of Vermin Jeanie Young and Russell DaMetz, who were both also
   1-19  employees of the State of Texas;
   1-20              (6)  the State of Texas was negligent in hiring Brenda
   1-21  Thompson;
   1-22              (7)  the State of Texas provided negligent, inadequate,
   1-23  and reckless supervision of Brenda Thompson by Vermin Jeanie Young
   1-24  and Russell DaMetz, who were also hired by the State of Texas; and
    2-1              (8)  the negligent acts and omissions by the State of
    2-2  Texas resulted in injury and damages to the tribe and constitute a
    2-3  breach of fiduciary duty and a breach of the trust relationship
    2-4  between the State of Texas and the Alabama-Coushatta Indian Tribe
    2-5  of Texas; now, therefore, be it
    2-6        RESOLVED by the Legislature of the State of Texas,  That the
    2-7  Alabama-Coushatta Indian Tribe of Texas is granted permission to
    2-8  sue the State of Texas subject to Chapter 107, Civil Practice and
    2-9  Remedies Code.