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