By Hilbert                                           H.C.R. No. 130

         75R1708 MDR-D                           

                             HOUSE CONCURRENT RESOLUTION

 1-1           WHEREAS, Dr. Helen Li alleges that:

 1-2                 (1)  on or about September 17, 1990, she entered into a

 1-3     contract with the Department of  Ophthalmology at The University of

 1-4     Texas Medical School at Houston to serve in the fellowship program;

 1-5                 (2)  as stated in her acceptance letter, the department

 1-6     was to issue her an official certificate upon completion of the

 1-7     fellowship program, which she completed on or about June 14, 1991;

 1-8                 (3)  Dr. Salmonsen, her official preceptor, certified

 1-9     to the chairman of the Department of Ophthalmology, Dr. Richard

1-10     Ruiz, that she had successfully completed the fellowship program;

1-11                 (4)  Dr. Ruiz denied Dr. Salmonsen's request that a

1-12     certificate be issued stating that she had failed to attend the

1-13     required 75 percent of the departmental conferences;

1-14                 (5)  the department has issued official certificates of

1-15     completion to other fellows who have a much lower rate of

1-16     attendance than Dr. Li; and

1-17                 (6)  the department guidelines have been applied in an

1-18     arbitrary and capricious manner; now, therefore, be it

1-19           RESOLVED by the Legislature of the State of Texas, That Dr.

1-20     Helen Li is granted permission to sue the State of Texas and The

1-21     University of Texas Medical School at Houston subject to Chapter

1-22     107, Civil Practice and Remedies Code; and, be it further

1-23           RESOLVED, That the president of The University of Texas

1-24     Medical School at Houston be served process as provided by Section

 2-1     107.002(a)(3), Civil Practice and Remedies Code.