By Ellis                                              S.C.R. No. 67
       74R6422 SKT-F
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Clarence Brandley alleges that:
    1-2              (1)  the Court of Criminal Appeals of Texas held on
    1-3  December 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,
    1-6  212th Judicial District, found that the State of Texas failed to
    1-7  "conduct a proper investigation" and that the investigation had a
    1-8  "blind 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
   1-14  Clarence Brandley was wrongfully convicted and sentenced to death;
   1-15              (4)  Clarence Brandley has endured physical injuries as
   1-16  a result of the wrongful conviction and imprisonment, including
   1-17  partial loss of his eyesight;
   1-18              (5)  Clarence Brandley has endured severe mental
   1-19  torment, harassment, anguish, fright, horror, tension, and
   1-20  suffering as a result of the wrongful conviction and imprisonment;
   1-21              (6)  Clarence Brandley has been deprived of even the
   1-22  most basic of rights guaranteed by the constitutions and laws of
   1-23  the United States and the State of Texas, including his liberty and
   1-24  his property; and
    2-1              (7)  the State of Texas, the Texas Department of
    2-2  Criminal Justice, and the Department of Public Safety of the State
    2-3  of Texas are responsible for the deprivation of Clarence Brandley's
    2-4  rights and the harm that resulted; now, therefore, be it
    2-5        RESOLVED by the Legislature of the State of Texas, That
    2-6  Clarence Brandley is granted permission to sue the State of Texas,
    2-7  the Department of Criminal Justice, and the Department of Public
    2-8  Safety of the State of Texas subject to Chapter 107, Civil Practice
    2-9  and Remedies Code; and, be it further
   2-10        RESOLVED, That the executive director of the Texas Department
   2-11  of Criminal Justice and the director of the Department of Public
   2-12  Safety of the State of Texas be served process as provided by
   2-13  Section 107.002(a)(3), Civil Practice and Remedies Code.