By:  Ellis, Moncrief                                  S.C.R. No. 32
            West
                             SENATE 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.