By:  Gallegos                                         S.C.R. No. 80
         99S1604/1                           
                            SENATE CONCURRENT RESOLUTION
 1-1           WHEREAS, Anthony Colca alleges that:
 1-2                 (1)  on May 12, 1997, he began a three-month Basic
 1-3     Peace Officer course offered by the University of Houston-Downtown;
 1-4                 (2)  he withdrew from the course less than three weeks
 1-5     after the course began because he was not capable of meeting the
 1-6     course's demanding physical requirements;
 1-7                 (3)  the information provided by the university before
 1-8     his enrollment did not properly inform him of the nature of the
 1-9     physical requirements of the course;
1-10                 (4)  he was much older than the average student taking
1-11     the course and the university should have clearly warned him of the
1-12     course's demanding physical requirements;
1-13                 (5)  the university did not appropriately and
1-14     completely answer the inquiries he made about the course;
1-15                 (6)  he contacted the university on June 3, which was
1-16     soon after his withdrawal, and he provided the reason for the
1-17     withdrawal, but the university did not give appropriate
1-18     consideration to the matter; and
1-19                 (7)  he is entitled to a refund of the course tuition
1-20     and the other out-of-pocket expenses he incurred as a result of
1-21     taking the course without being properly informed of its
1-22     requirements; now, therefore, be it
1-23           RESOLVED by the Legislature of the State of Texas, That
1-24     Anthony Colca is granted permission to sue the State of Texas, the
 2-1     University of Houston-Downtown, and the University of Houston
 2-2     System subject to Chapter 107, Civil Practice and Remedies Code;
 2-3     and, be it further
 2-4           RESOLVED, That the president of the University of
 2-5     Houston-Downtown and the chancellor of the University of Houston
 2-6     System be served process as provided by Subdivision (3), Subsection
 2-7     (a), Section 107.002, Civil Practice and Remedies Code.