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. 1-35 * * * * *