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.