1-1           By:  Patterson                                   S.C.R. No. 3

 1-2           (In the Senate - Filed November 21, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Finance;

 1-4     February 18, 1997, reported favorably by the following vote:  Yeas

 1-5     13, Nays 0; February 18, 1997, sent to printer.)

 1-6                        SENATE CONCURRENT RESOLUTION

 1-7           WHEREAS, Dr. Helen Li alleges that:

 1-8           (1)  on or about September 17, 1990, she entered into a

 1-9     contract with the Department of Ophthalmology at The University of

1-10     Texas Medical School at Houston to serve in the fellowship program;

1-11           (2)  as stated in her acceptance letter, the department was

1-12     to issue her an official certificate upon completion of the

1-13     fellowship program, which she completed on or about June 14, 1991;

1-14           (3)  Dr. Salmonsen, her official preceptor, certified to the

1-15     chairman of the Department of Ophthalmology, Dr. Richard Ruiz, that

1-16     she had successfully completed the fellowship program;

1-17           (4)  Dr. Ruiz denied Dr. Salmonsen's request that a

1-18     certificate be issued stating that she had failed to attend the

1-19     required 75 percent of the departmental conferences;

1-20           (5)  the department has issued official certificates of

1-21     completion to other fellows who have a much lower rate of

1-22     attendance than Dr. Li; and

1-23           (6)  the department guidelines have been applied in an

1-24     arbitrary and capricious manner; now, therefore, be it

1-25           RESOLVED by the Legislature of the State of Texas, That Dr.

1-26     Helen Li is granted permission to sue the State of Texas and The

1-27     University of Texas Medical School at Houston subject to Chapter

1-28     107, Civil Practice and Remedies Code; and, be it further

1-29           RESOLVED, That the president of The University of Texas

1-30     Medical School at Houston be served process as provided by

1-31     Subdivision (3), Subsection (a), Section 107.002, Civil Practice

1-32     and Remedies Code.

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