1-1           By:  Brown                                      S.C.R. No. 29

 1-2           (In the Senate - Filed February 19, 1997; February 25, 1997,

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

 1-4     March 11, 1997, reported favorably by the following vote:  Yeas 6,

 1-5     Nays 0; March 11, 1997, sent to printer.)

 1-6                        SENATE CONCURRENT RESOLUTION

 1-7           WHEREAS, Benita Fogarty alleges that:

 1-8                 (1)  Ms. Fogarty is an employee of the Institutional

 1-9     Division of the Texas Department of Criminal Justice and that in

1-10     that capacity she was injured by Dean Lewis Glassbrook, an inmate

1-11     in the custody of the division;

1-12                 (2)  Ms. Fogarty has brought a legal action seeking

1-13     damages from Mr. Glassbrook and has obtained a judgment of $25,000,

1-14     plus interest and court costs, against him;

1-15                 (3)  Mr. Glassbrook maintains an inmate trust fund

1-16     account held under the authority of the Institutional Division of

1-17     the Texas Department of Criminal Justice; and

1-18                 (4)  Ms. Fogarty seeks a writ of garnishment to

1-19     encumber money in Mr. Glassbrook's inmate trust fund account to

1-20     satisfy the judgment awarded to Ms. Fogarty against Mr. Glassbrook;

1-21     now, therefore, be it

1-22           RESOLVED by the Legislature of the State of Texas, That

1-23     Benita Fogarty is granted permission to sue the State of Texas and

1-24     the Texas Department of Criminal Justice subject to Chapter 107,

1-25     Civil Practice and Remedies Code; and, be it further

1-26           RESOLVED, That the action authorized by this concurrent

1-27     resolution may be brought solely to encumber money held under the

1-28     authority of the Texas Department of Criminal Justice in an inmate

1-29     trust fund account to satisfy the judgment rendered for Ms. Benita

1-30     Fogarty against Dean Lewis Glassbrook; and, be it further

1-31           RESOLVED, That the executive director of the Texas Department

1-32     of Criminal Justice be served process as provided by Subdivision

1-33     (3), Subsection (a), Section 107.002, Civil Practice and Remedies

1-34     Code.

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