By:  Bernsen                                          S.C.R. No. 38
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
 1-1                        SENATE CONCURRENT RESOLUTION
 1-2           WHEREAS, Dr. Roger Foxall alleges that:
 1-3                 (1)  Dr. Roger Foxall is a psychotherapist and
 1-4     professional counselor who holds a doctorate in psychology and is
 1-5     licensed as a professional counselor by the Texas State Board of
 1-6     Examiners of Professional Counselors;
 1-7                 (2)  the Texas State Board of Examiners of Professional
 1-8     Counselors oversees and publishes The Examiner, a biannual
 1-9     newsletter, which is posted on the World Wide Web and which is
1-10     mailed to every professional counselor holding a BOP license as
1-11     well as many other individuals in the State of Texas;
1-12                 (3)  both Chapter 503 of the Texas Occupations Code and
1-13     Texas State Board of Examiners of Professional Counselors'
1-14     regulations have strict procedures under which the Texas State
1-15     Board of Examiners of Professional Counselors may discipline
1-16     licensed professional counselors for professional misconduct and
1-17     those procedures, at a minimum, contain detailed notice and hearing
1-18     requirements in order to protect license-holders whose livelihood
1-19     may be subject to the discretion of Texas State Board of Examiners
1-20     of Professional Counselors;
1-21                 (4)  in or about March, 2000, the Texas State Board of
1-22     Examiners of Professional Counselors published an issue of The
 2-1     Examiner which Texas State Board of Examiners of Professional
 2-2     Counselors mailed to several thousand licensed professionals and
 2-3     which Texas State Board of Examiners of Professional Counselors
 2-4     made available to the entire world on the World Wide Web;
 2-5                 (5)  the Texas State Board of Examiners of Professional
 2-6     Counselors March, 2000, issue of The Examiner contained the
 2-7     following statement under its listing of "Disciplinary Actions"
 2-8                  "Roger Foxall - One year probated
 2-9                  suspension of license for violation of
2-10                  board rule Section 681.33 concerning
2-11                  sexual misconduct with a client or former
2-12                  client."
2-13                 (6)  the aforementioned publication was false and
2-14     totally without any basis in fact or law whatsoever, since the
2-15     Texas State Board of Examiners of Professional Counselors had not
2-16     accused, investigated, disciplined, or in any manner whatsoever
2-17     concluded that Dr. Roger Foxall had engaged in sexual misconduct
2-18     with a client or former client;
2-19                 (7)  there was absolutely no basis whatsoever for the
2-20     aforementioned publication which clearly stated that Dr. Roger
2-21     Foxall violated both the Texas State Board of Examiners of
2-22     Professional Counselor's rules and which accused Dr. Roger Foxall
2-23     of conduct which constitutes a second-degree felony under the laws
2-24     of the State of Texas in Section 22.011 of the Texas Penal Code;
2-25                 (8)  despite the fact that the Texas State Board of
2-26     Examiners of Professional Counselors later retracted the
 3-1     aforementioned publication, Dr. Roger Foxall has suffered and is
 3-2     entitled to actual damages in the form of permanent damage to his
 3-3     reputation, lost profits, loss of earning capacity, severe mental
 3-4     anguish and all other damages as allowed by law except exemplary or
 3-5     punitive damages; now, therefore, be it
 3-6           RESOLVED, by the Legislature of the State of Texas, that Dr.
 3-7     Roger Foxall is granted permission to sue the State of Texas and
 3-8     the Texas State Board of Examiners of Professional Counselors
 3-9     subject to Chapter 107, Civil Practice and Remedies Code; and, be
3-10     it further
3-11           RESOLVED, That the suit authorized by this resolution shall
3-12     be brought in Montgomery County; and, be it further
3-13           RESOLVED, that the total of all damages awarded in the suit
3-14     authorized by this resolution, including any court costs, and any
3-15     prejudgment interest awarded under law, may not exceed $500,000,
3-16     that Dr. Roger Foxall may not plead an amount in excess of that
3-17     amount in a suit authorized by this resolution, and that this is
3-18     the total amount that may be recovered with respect to the
3-19     occurrence that is the subject of this resolution in all actions
3-20     brought with respect to that occurrence; and, be it further
3-21           RESOLVED, that the executive director of the Texas State
3-22     Board of Examiners of Professional Counselors be served process as
3-23     provided by Section 107.002(a)(3), Civil Practice and Remedies
3-24     Code.