HBA-ALS H.C.R. 106 76(R)    HBA-ALS H.C.R. 106 76(R)    HBA-ALS H.C.R. 106
76(R)     
BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 106
By: Nixon, Joe
Civil Practices
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Anh N. Pham alleges that on or about June 15, 1994, Anh N. Pham entered
into a residential lease contract with the Mental Health and Mental
Retardation Authority of Harris County regarding Anh N. Pham's property
located at 3643 Storm Creek, Houston, Harris County, Texas.  Anh N. Pham
alleges that the Mental Health and Mental Retardation Authority of Harris
County failed to perform its obligations under the contract and that Anh N.
Pham performed all obligations under the contract; sustained damages and
incurred  additional costs because of the actions and inactions of the
Mental Health and Mental  Retardation Authority of Harris County; and is
entitled to recover compensation in an amount not to exceed $20,000,
including attorney's fees and court costs.  H.C.R. 106 grants Anh N. Pham
permission to sue the State of Texas and the Mental Health and Mental
Retardation Authority of Harris County subject to Chapter 107, Civil
Practice and Remedies Code, and provides that the director of the Mental
Health and Mental Retardation Authority of Harris County be served process
as provided by Section 107.002(a)(3), Civil Practice and Remedies Code
(Permission to Sue the State; Effect of Grant of Permission). 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS
  
H.C.R. 106 provides that Anh N. Pham is granted permission to sue the State
of Texas and the Mental Health and Mental Retardation Authority of Harris
County subject to Chapter 107, Civil Practice and Remedies Code, and that
the director of the Mental Health and Mental Retardation Authority of
Harris County be served process as provided by Section 107.002(a)(3), Civil
Practice and Remedies Code (Permission to Sue the State; Effect of Grant of
Permission). 

H.C.R. 106 further provides that the remedies available to Anh N. Pham in
the suit authorized by this  resolution are limited to the remedies
traditionally available for breach of contract, and prohibits Anh N. Pham
from recovering exemplary or punitive damages resulting from the breach of
contract. Prohibits the total of all damages awarded in the suit authorized
by this resolution, including any court costs, attorney's fees, and
prejudgment interest awarded under law, from exceeding $20,000 and
prohibits Anh N. Pham from pleading an amount exceeding that amount in a
suit authorized by this resolution.  Provides that this is the total amount
that is authorized to be recovered with respect to the contract that is the
subject of this resolution in all actions brought with respect to that
contract.