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