By Brown                                        S.C.R. No. 29

      75R5627 DLF-D                           

                                CONCURRENT RESOLUTION

 1-1           WHEREAS, Benita Fogarty alleges that:

 1-2                 (1)  Ms. Fogarty is an employee of the Institutional

 1-3     Division of the Texas Department of Criminal Justice and that in

 1-4     that capacity she was injured by Dean Lewis Glassbrook, an inmate

 1-5     in the custody of the division;

 1-6                 (2)  Ms. Fogarty has brought a legal action seeking

 1-7     damages from Mr. Glassbrook and has obtained a judgment of $25,000,

 1-8     plus interest and court costs, against him;

 1-9                 (3)  Mr. Glassbrook maintains an inmate trust fund

1-10     account held under the authority of the Institutional Division of

1-11     the Texas Department of Criminal Justice; and

1-12                 (4)  Ms. Fogarty seeks a writ of garnishment to

1-13     encumber money in Mr. Glassbrook's inmate trust fund account to

1-14     satisfy the judgment awarded to Ms. Fogarty against Mr. Glassbrook;

1-15     now, therefore, be it

1-16           RESOLVED by the Legislature of the State of Texas, That

1-17     Benita Fogarty is granted permission to sue the State of Texas and

1-18     the Texas Department of Criminal Justice subject to Chapter 107,

1-19     Civil Practice and Remedies Code; and, be it further

1-20           RESOLVED, That the action authorized by this concurrent

1-21     resolution may be brought solely to encumber money held under the

1-22     authority of the Texas Department of Criminal Justice in an inmate

1-23     trust fund account to satisfy the judgment rendered for Ms. Benita

1-24     Fogarty against Dean Lewis Glassbrook; and, be it further

 2-1           RESOLVED, That the executive director of the Texas Department

 2-2     of Criminal Justice be served process as provided by Section

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