By:  Barrientos                                       S.C.R. No. 90
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, American Health Advisors, Inc., alleges that:
    1-2        (1)  The University of Texas System, on or about August 13,
    1-3  1990, entered into a Confidential Disclosure Agreement with
    1-4  American Health Advisors, Inc., to prevent unauthorized
    1-5  dissemination or use of its knowledge and information made
    1-6  available to components of The University of Texas System,
    1-7  including The University of Texas Health Science Center at Tyler,
    1-8  The University of Texas Medical Branch at Galveston, and The
    1-9  University of Texas M.D. Anderson Cancer Center;
   1-10        (2)  The University of Texas Medical Branch at Galveston, on
   1-11  or about August 22, 1990, entered into a Confidential Disclosure
   1-12  Agreement with American Health Advisors, Inc.;
   1-13        (3)  The University of Texas Health Science Center at Tyler
   1-14  on or about October 18, 1990, entered into a Confidential
   1-15  Disclosure Agreement with American Health Advisors, Inc.;
   1-16        (4)  The University of Texas M.D. Anderson Cancer Center, on
   1-17  or about November 25-26, 1990, entered into a Confidential
   1-18  Disclosure Agreement with American Health Advisors, Inc.;
   1-19        (5)  on or about September 11, 1990, The University of Texas
   1-20  Medical Branch at Galveston signed and accepted an engagement
   1-21  contract with American Health Advisors, Inc., by which American
   1-22  Health Advisors agreed, in return for compensation described in
   1-23  contractual agreements to perform services in the submission of an
    2-1  eligibility application according to an "Approach and Workplan," in
    2-2  order to maximize The University of Texas Medical Branch at
    2-3  Galveston's receipt of certain federal funds; similar engagement
    2-4  contracts were accepted and signed by The University of Texas
    2-5  Health Science Center at Tyler on October 24, 1990, and The
    2-6  University of Texas M.D. Anderson Cancer Center on November 28,
    2-7  1990;
    2-8        (6)  American Health Advisors, Inc., performed all of its
    2-9  obligations under the confidentiality agreements and letter of
   2-10  engagement contracts described above;
   2-11        (7)  The University of Texas System, The University of Texas
   2-12  Health Science Center at Tyler, The University of Texas Medical
   2-13  Branch at Galveston, and The University of Texas M.D. Anderson
   2-14  Cancer Center have profited from consulting services, proprietary
   2-15  information, and work product which they willingly received from
   2-16  American Health Advisors, Inc., pursuant to the confidentiality
   2-17  agreement and letter of engagement contracts described above, but
   2-18  each of these components of The University of Texas System has
   2-19  refused to honor its obligations under those agreements and
   2-20  contracts and indeed has breached and repudiated those contracts;
   2-21  and
   2-22        (8)  American Health Advisors, Inc., is entitled to
   2-23  compensation for the financial damage suffered as a result of
   2-24  default by The University of Texas System, The University of Texas
   2-25  Health Science Center at Tyler, The University of Texas Medical
    3-1  Branch at Galveston, and The University of Texas M.D. Anderson
    3-2  Cancer Center under the above described confidentiality agreement
    3-3  and letter of engagement contracts; now, therefore, be it
    3-4        RESOLVED by the Legislature of the State of Texas, That
    3-5  American Health Advisors, Inc., is granted permission to sue the
    3-6  State of Texas and The University of Texas System, The University
    3-7  of Texas Health Science Center at Tyler, The University of Texas
    3-8  Medical Branch at Galveston, The University of Texas M.D. Anderson
    3-9  Cancer Center, and those acting on behalf of such components of The
   3-10  University of Texas System as agents and employees thereof, subject
   3-11  to Chapter 107, Civil Practice and Remedies Code; and, be it
   3-12  further
   3-13        RESOLVED, That the Chancellor of The University of Texas
   3-14  System be served process as provided by Subdivision (3), Subsection
   3-15  (a), Section 107.002, Civil Practice and Remedies Code.