By Eiland                                            H.C.R. No. 248
         76R15737 SKT-D                           
                             HOUSE CONCURRENT RESOLUTION
 1-1           WHEREAS, J. Keith Rose alleges that:
 1-2                 (1)  J. Keith Rose completed five years of a six-year
 1-3     combined general surgery/plastic surgery integrated residency
 1-4     training program at The University of Texas Southwestern Medical
 1-5     Center at Dallas;
 1-6                 (2)  on June 30, 1997, J. Keith Rose was terminated
 1-7     from the residency training program at The University of Texas
 1-8     Southwestern Medical Center at Dallas; and
 1-9                 (3)  the termination was wrongful and without just
1-10     cause; now, therefore, be it
1-11           RESOLVED by the Legislature of the State of Texas, That the
1-12     total of all damages awarded in the suit authorized by this
1-13     resolution, including any court costs, attorney's fees, and
1-14     prejudgment interest awarded under law, may not exceed $100,000,
1-15     that J. Keith Rose may not plead an amount in excess of that amount
1-16     in a suit authorized by this resolution, and that this is the total
1-17     amount that may be recovered with respect to the contract that is
1-18     the subject of this resolution in all actions brought with respect
1-19     to that contract; and, be it further
1-20           RESOLVED, That payment of any damages awarded in a suit
1-21     authorized by this section from the state treasury is subject to
1-22     appropriation; and, be it further
1-23           RESOLVED, That it is the intent of the 76th Legislature of
1-24     the State of Texas that, if any damages are awarded in a suit
 2-1     authorized by this resolution, the damages be paid from money
 2-2     appropriated to or otherwise available to The University of Texas
 2-3     Southwestern Medical Center at Dallas and that additional money
 2-4     should not be appropriated for the purpose of paying these damages;
 2-5     and, be it further
 2-6           RESOLVED, That the remedies available to J. Keith Rose in the
 2-7     suit authorized by this resolution are limited to the remedies
 2-8     traditionally available for breach of contract, except that J.
 2-9     Keith Rose may not recover consequential or exemplary or punitive
2-10     damages resulting from any breach of contract, and that this
2-11     resolution does not authorize suit on any claim that sounds in
2-12     tort, including but not limited to wrongful termination; and, be it
2-13     further
2-14           RESOLVED, That J. Keith Rose is granted permission to sue the
2-15     State of Texas and The University of Texas Southwestern Medical
2-16     Center at Dallas subject to Chapter 107, Civil Practice and
2-17     Remedies Code; and, be it further
2-18           RESOLVED, That the chairman of the board of regents of The
2-19     University of Texas System be served process as provided by Section
2-20     107.002(a)(3), Civil Practice and Remedies Code.   BEGCAPTION 
2-21     Granting J. Keith Rose permission to sue the state and The
2-22     University of Texas Southwestern Medical Center at Dallas.
2-23      ENDCAPTION