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.