By Thompson of Harris H.C.R. No. 104 CONCURRENT RESOLUTION 1-1 WHEREAS, Clarence Brandley alleges that: 1-2 (1) the Court of Criminal Appeals of Texas held on December 1-3 13, 1989, that the State of Texas violated the civil and 1-4 constitutional rights of Clarence Brandley; 1-5 (2) the District Court of Galveston County, Texas, 212th 1-6 Judicial District, found that the State of Texas failed to "conduct 1-7 a proper investigation" and that the investigation had a "blind 1-8 focus," that the "color of Clarence Brandley's skin was a 1-9 substantial factor that pervaded all aspects of the state's 1-10 prosecution against him," and that new evidence established by a 1-11 preponderance of the evidence that Clarence Brandley was innocent 1-12 of the crime he was sentenced for; 1-13 (3) the district court's ruling indicates that Clarence 1-14 Brandley was wrongfully convicted and sentenced to death; 1-15 (4) Clarence Brandley has endured physical injuries as a 1-16 result of the wrongful conviction and imprisonment, including 1-17 partial loss of his eyesight; 1-18 (5) Clarence Brandley has endured severe mental torment, 1-19 harassment, anguish, fright, horror, tension, and suffering as a 1-20 result of the wrongful conviction and imprisonment; 1-21 (6) Clarence Brandley has been deprived of even the most 1-22 basic of rights guaranteed by the constitutions and laws of the 1-23 United States and the State of Texas, including his liberty and his 2-1 property; and 2-2 (7) the State of Texas, the Texas Department of Criminal 2-3 Justice, and the Texas Department of Public Safety are responsible 2-4 for the deprivation of Clarence Brandley's rights and the harm that 2-5 resulted; now, therefore, be it 2-6 RESOLVED by the Legislature of the State of Texas, That 2-7 Clarence Brandley is granted permission to sue the State of Texas, 2-8 the Texas Department of Criminal Justice, and the Texas Department 2-9 of Public Safety subject to Chapter 107, Civil Practice and 2-10 Remedies Code; and, be it further 2-11 RESOLVED, That the executive director of the Texas Department 2-12 of Criminal Justice and the executive director of the Texas 2-13 Department of Public Safety be served process as provided by 2-14 Subdivision (3), Subsection (a), Section 107.002, Civil Practice 2-15 and Remedies Code.