SRC-SLL S.C.R. 29 75(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 29
By: Brown
Jurisprudence
3-5-97
As Filed


DIGEST 

Benita Fogarty, an employee of the Institutional Division of the Texas
Department of Criminal Justice (division), was injured, while in that
capacity, by Dean Lewis Glassbrook, an inmate in the custody of the
division.  Ms. Fogarty brought a legal action seeking damages from Mr.
Glassbrook and obtained a judgment of $25,000, plus interest and court
costs, against him.  Mr. Glassbrook maintains an inmate trust fund account
under the authority of the division.  Although the funds in the account
belong to Mr. Glassbrook, it is considered property of the State of Texas
and thus protected from suit by sovereign immunity.  In order for Ms.
Fogarty to garnish Mr. Glassbrook's inmate trust fund account she must
obtain a legislative waiver of the state's immunity.  Therefore, Ms.
Fogarty seeks a writ of garnishment to encumber money in Mr. Glassbrook's
inmate trust fund account to satisfy the judgment awarded to her. 

PURPOSE

As proposed, S.C.R. 29 submits the following resolutions:

Grants permission to Benita Fogarty to sue the State of Texas and the
Texas Department of Criminal Justice subject to Chapter 107, Civil
Practice and Remedies Code. 

Authorizes the action authorized by this concurrent resolution to be
brought solely to encumber money held under the authority of the Texas
Department of Criminal Justice in an inmate trust fund account to satisfy
the judgment rendered for Benita Fogarty against Dean Lewis Glassbrook. 

That the executive director of the Texas Department of Criminal Justice be
served process as provided by Section 107.002(a)(3), Civil Practice and
Remedies Code.