H.C.R. 163 78(R)    BILL ANALYSIS


H.C.R. 163
By: Miller
Civil Practices
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In 2001, the State of Texas filed suit against Town Talk Foods ("Town
Talk"), a discount grocer, and Thomas E. Potthoff, its President, seeking
injunctive relief and the imposition of civil fines and penalties for
alleged violations of the Health & Safety Code arising from the
investigation of a botulism outbreak that occurred during August and
September 2001 in the North Central Texas area. 

HCR 163 will allow Town Talk and Mr. Potthoff to pursue a counterclaim
against the State and hold it accountable for actions and statements of
TDH officials. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HCR 163 grants permission to Town Talk Foods, Inc., and Thomas E. Potthoff
to sue the State of Texas and the Texas Department of Health for any and
all causes of action, including breach of contract, claims for relief
under the Uniform Declaratory Judgments Act, and claims for relief under
the Administrative Procedure Act, that relate to or arise from the facts
and circumstances described in this resolution, subject to Chapter 107,
Civil Practice and Remedies Code; and that the suit be brought in Tarrant
County; and that the total of all damages awarded in the suit authorized
by this resolution, including any court costs and prejudgment interest,
but not including attorney's fees incurred by Town Talk Foods, Inc., and
Thomas E. Potthoff, may not exceed $3 million; and that this amount, plus
attorney's fees, is the total amount that may be recovered and that the
commissioner of public health of the Texas Department of Health be served
process as provided by Section 107.002(a)(3), Civil Practice and Remedies
Code.