HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, Two years after filing suit against the tobacco
1-2 industry, Texas' attorney general announced on January 16, 1998,
1-3 that the industry had agreed to the largest settlement in the
1-4 history of tobacco litigation; and
1-5 WHEREAS, Tireless negotiations between Texas and the
1-6 defendants ensued, resulting in a memorandum of understanding
1-7 signed in July 1998 that resolved all outstanding differences and
1-8 settled Texas' lawsuit against the tobacco industry; and
1-9 WHEREAS, The federal government played no role in the
1-10 litigation for Texas' $17.3 billion settlement with the tobacco
1-11 companies and has declined to bring its own lawsuit against the
1-12 industry, but now, through the Health Care Financing
1-13 Administration, asserts that it is entitled to a significant share
1-14 of state settlements on the basis that it represents the federal
1-15 share of Medicaid costs; and
1-16 WHEREAS, Texas bore all of the risk and expense in the
1-17 litigation and settlement negotiations, receiving no assistance
1-18 from the federal government, and is entitled to all of the funds
1-19 negotiated in the tobacco settlement agreement; and
1-20 WHEREAS, United States Senators Kay Bailey Hutchison of Texas
1-21 and Bob Graham of Florida have introduced bipartisan legislation,
1-22 S. 346, to prohibit the federal government from seizing any part of
1-23 the tobacco settlement, and similar legislation, H.R. 351, has been
1-24 introduced in the U.S. House of Representatives; now, therefore, be
2-1 it
2-2 RESOLVED, That the 76th Legislature of the State of Texas
2-3 hereby respectfully urge the Congress of the United States not to
2-4 make federal claims against the proceeds of the Texas tobacco
2-5 settlement; and, be it further
2-6 RESOLVED, That the Texas secretary of state forward official
2-7 copies of this resolution to the president of the United States, to
2-8 the speaker of the house of representatives and the president of
2-9 the senate of the United States Congress, and to all the members of
2-10 the Texas delegation to the congress with the request that this
2-11 resolution be officially entered in the Congressional Record as a
2-12 memorial to the Congress of the United States of America.
Junell
Laney Glaze Moreno of El Paso
Alexander Goodman Morrison
Allen Goolsby Mowery
Alvarado Gray Naishtat
Averitt Green Najera
Bailey Greenberg Nixon
Berman Grusendorf Noriega
Bonnen Gutierrez Oliveira
Bosse Haggerty Olivo
Brimer Hamric Palmer
Brown of Kaufman Hardcastle Pickett
Brown of Brazos Hartnett Pitts
Burnam Hawley Puente
Capelo Heflin Ramsay
Carter Hilbert Rangel
Chavez Hilderbran Reyna of Bexar
Chisum Hill Reyna of Dallas
Christian Hinojosa Ritter
Clark Hochberg Sadler
Coleman Hodge Salinas
Cook Homer Seaman
Corte Hope Shields
Counts Howard Siebert
Crabb Hunter Smith
Craddick Hupp Smithee
Crownover Isett Solis of Cameron
Cuellar Janek Solis of Bexar
Culberson Jones of Brazos Solomons
Danburg Jones of Lubbock Staples
Davis of Harris Jones of Dallas Swinford
Davis of Dallas Junell Talton
Delisi Keel Telford
Denny Keffer Thompson
Deshotel King of Parker Tillery
Driver King of Uvalde Truitt
Dukes Krusee Turner of Coleman
Dunnam Kuempel Turner of Harris
Dutton Lengefeld Uher
Edwards Lewis of Tarrant Uresti
Ehrhardt Lewis of Orange Van de Putte
Eiland Longoria Walker
Elkins Luna West
Ellis McCall Williams
Farabee McClendon Wilson
Farrar McReynolds Wise
Flores Madden Wohlgemuth
Gallego Marchant Wolens
Garcia Maxey Woolley
George Merritt Yarbrough
Giddings Moreno of Harris Zbranek
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.C.R. No. 9 was adopted by the House on March
9, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.C.R. No. 9 was adopted by the Senate on
March 11, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor