By Rhodes                                             H.C.R. No. 70
       74R4119 SKT-D
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Don Ray George alleges that:
    1-2              (1)  on December 3, 1990, Don Ray George purchased an
    1-3  ostrich pair for breeding purposes for $75,000;
    1-4              (2)  the female ostrich began losing weight and not
    1-5  producing at her normal level;
    1-6              (3)  on September 15, 1993, after consulting with his
    1-7  veterinarian, Don Ray George took the female ostrich to Texas A&M
    1-8  University, Texas Veterinary Medical Center;
    1-9              (4)  on September 24, 1993, during an ultrasound
   1-10  treatment at the Texas A&M University College of Veterinary
   1-11  Medicine, the ostrich became agitated, began kicking, broke her
   1-12  neck, and died;
   1-13              (5)  the ostrich's death was a  result of negligence on
   1-14  the part of the university and was not related to any illness for
   1-15  which she was brought to the university;
   1-16              (6)  as a result, Don Ray George is entitled to actual
   1-17  damages in an amount equal to the purchase price of the ostrich;
   1-18  now, therefore, be it
   1-19        RESOLVED by the Legislature of the State of Texas, That Don
   1-20  Ray George is granted permission to sue the State of Texas and The
   1-21  Texas A&M University System subject to Chapter 107, Civil Practice
   1-22  and Remedies Code; and, be it further
   1-23        RESOLVED, That the chancellor of The Texas A&M University
   1-24  System be served process as provided by Section 107.002(a)(3),
    2-1  Civil Practice and Remedies Code.