77R13359 MDR-D By Martinez Fischer H.C.R. No. 208 Substitute the following for H.C.R. No. 208: By Martinez Fischer C.S.H.C.R. No. 208 HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, Carmen R. Melenyzer, individually and as next friend 1-2 of Russell Glen Melenyzer, a child, alleges that: 1-3 (1) during the period beginning on or about June 7, 1-4 1989, the office of the attorney general has collected child 1-5 support payments from Charles L. Melenyzer, father of Russell Glen 1-6 Melenyzer, for the use and benefit of Carmen R. Melenyzer in behalf 1-7 of Russell Glen Melenyzer; 1-8 (2) during a period beginning in October 1999, the 1-9 office of the attorney general has arbitrarily withheld from Carmen 1-10 R. Melenyzer at least $41.50 of each monthly payment made by 1-11 Charles L. Melenyzer; 1-12 (3) Carmen R. Melenyzer has not been able to learn the 1-13 reason that the child support money was withheld by the office of 1-14 the attorney general; 1-15 (4) beginning in May 2000, the office of the attorney 1-16 general resumed paying to Carmen R. Melenyzer the entire amount of 1-17 child support collected by the office from Charles L. Melenyzer; 1-18 (5) in addition, the office of the attorney general 1-19 has supplied false and incorrect information about Carmen R. 1-20 Melenyzer's entitlement to receive child support and the amount of 1-21 child support she is receiving, and as a result, Medicaid benefits 1-22 were denied for her father; and 2-1 (6) Carmen R. Melenyzer filed suit, but was required 2-2 to accept a nonsuit, against the office of the attorney general; 2-3 now, therefore, be it 2-4 RESOLVED by the Legislature of the State of Texas, That 2-5 Carmen R. Melenyzer, individually and as next friend of Russell 2-6 Glen Melenyzer, a child, or any other person who may hereafter be 2-7 appointed by the court to act for or on behalf of the child, 2-8 Russell Glen Melenyzer, is granted permission to sue the State of 2-9 Texas and the office of the attorney general subject to Chapter 2-10 107, Civil Practice and Remedies Code; and, be it further 2-11 RESOLVED, That the total of all damages awarded in the suit 2-12 authorized by this resolution may not exceed $100,000, plus 2-13 prejudgment and postjudgment interest at a rate as allowed by law, 2-14 that Carmen R. Melenyzer, individually and as next friend of 2-15 Russell Glen Melenyzer, a child, may not plead an amount in excess 2-16 of that amount in a suit authorized by this resolution, and that 2-17 this is the total amount that may be recovered with respect to the 2-18 issue that is the subject of this resolution in all actions brought 2-19 with respect to that issue; and, be it further 2-20 RESOLVED, That the suit authorized by this resolution shall 2-21 be brought in Bexar County; and, be it further 2-22 RESOLVED, That the attorney general of the State of Texas be 2-23 served process as provided by Section 107.002(a)(3), Civil Practice 2-24 and Remedies Code. BEGCAPTION 2-25 Granting Carmen R. Melenyzer, individually and as next friend of 2-26 Russell Glen Melenyzer, a child, permission to sue the state and 2-27 the office of the attorney general. 3-1 ENDCAPTION