79R8206 MDR-D

By:  Hughes                                                     H.C.R. No. 160



CONCURRENT RESOLUTION
	WHEREAS, Choices Adolescent Treatment Center, Inc., alleges 
that:            
		(1)  it is located in Marshall, Texas, and it has been 
serving the children of East Texas who suffer from chemical 
dependency since 1992;
		(2)  February 9, 1994, the center registered with the 
Texas Secretary of State as a limited liability company under the 
name Choices Adolescent Center, L.L.C.;
		(3)  since October 21, 1994, the center has been 
registered as a nonprofit corporation under the name Choices 
Adolescent Treatment Center, Inc.;
		(4)  before 1994, the center operated as a partnership 
under the name Choices Adolescent Center;
		(5)  in Lufkin, Texas, a facility that also treats 
children with chemical dependency is operating under a similar 
name, Choices Adolescent Center, causing much confusion;
		(6)  Choices Adolescent Center in Lufkin is operated by 
the Burke Center, which is a community facility originally licensed 
by the Texas Department of Mental Health and Mental Retardation and 
the Texas Commission on Alcohol and Drug Abuse and now subject to 
regulation by the Department of State Health Services;
		(7)  on March 30, 1995, Choices Adolescent Center in 
Lufkin filed an assumed name certificate in the public records of 
Angelina County representing that the community facility, as a 
governmental entity, was doing business as Choices Adolescent 
Center;
		(8)  Choices Adolescent Center in Lufkin maintains its 
business in a separate facility and advertises and is recognized by 
the community under that name;
		(9)  Choices Adolescent Center, Inc., has received 
several complaints filed by patients with the Texas Commission on 
Alcohol and Drug Abuse regarding services actually rendered to the 
patients by Choices Adolescent Center in Lufkin, which indicates a 
high degree of confusion not only by the general public but also 
with the former Texas Commission on Alcohol and Drug Abuse in 
delineating between the two facilities; and
		(10)  Choices Adolescent Center, Inc., reserved the 
right to use its name with the Texas Secretary of State long before 
Choices Adolescent Center in Lufkin began using its assumed name; 
now, therefore, be it
	RESOLVED by the Legislature of the State of Texas, That 
Choices Adolescent Treatment Center, Inc., is granted permission to 
sue the State of Texas and the Department of State Health Services, 
as the successor of the Texas Department of Mental Health and Mental 
Retardation and the Texas Commission on Alcohol and Drug Abuse, for 
appropriate relief ordered subject to the provisions of Chapter 37, 
Civil Practice and Remedies Code, subject to Chapter 107, Civil 
Practice and Remedies Code; and, be it further
	RESOLVED, That the action authorized by this concurrent 
resolution may be brought solely for injunctive or other equitable 
relief against the Department of State Health Services, as the 
successor of the Texas Department of Mental Health and Mental 
Retardation and the Texas Commission on Alcohol and Drug Abuse, for 
the use of the name, Choices Adolescent Center, and that monetary 
damages may not be recovered in the action; and, be it further
	RESOLVED, That the commissioner of state health services be 
served process as provided by Section 107.002(a)(3), Civil Practice 
and Remedies Code.