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.