HBA-TBM C.S.H.C.R. 208 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.C.R. 208
By: Martinez Fischer
Civil Practices
5/9/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Carmen R. Melenyzer, individually and as next friend of the
child Russell Glen Melenyzer, alleges that during the period beginning on
or about June 7, 1989, the office of the attorney general has collected
child support payments from Charles L. Melenyzer, the father of Russell
Glen Melenyzer, for the use and benefit of Carmen R. Melenyzer in behalf of
Russell Glen Melenyzer.  During a period beginning in October 1999, the
office of the attorney general allegedly withheld from Carmen R. Melenyzer
at least $41.50 of each monthly payment made by Charles L. Melenyzer.
Carmen R. Melenyzer alleges that she has not been able to learn the reason
that the child support money was withheld by the office of the attorney
general. Beginning in May 2000, the office of the attorney general resumed
paying to Carmen R. Melenyzer the entire amount of child support collected
by the office from Charles L. Melenyzer.  In addition, the office of the
attorney general has allegedly supplied false and incorrect information
about Carmen R. Melenyzer's entitlement to receive child support and the
amount of child support she is receiving, and as a result, Medicaid
benefits were denied for her father.  Carmen R. Melenyzer filed suit, but
was required to accept a nonsuit, against the office of the attorney
general.  C.S.H.C.R. 208 authorizes Carmen R. Melenyzer, individually as
next friend of Russell Glen Melenyzer, or another individual acting on
behalf of Russell Glen Melenyzer, to file suit against the State of Texas
and the office of the attorney general for damages not to exceed $100,000,
plus prejudgment and postjudgment interest at a rate as allowed by law.   

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.C.R. 208 grants permission for Carmen R. Melenyzer, individually and
as next friend of Russell Glen Melenyzer, a child, or any other person who
may hereafter be appointed by the court to act for or on behalf of the
child (plaintiff) to sue the State of Texas and the office of the attorney
general.  The resolution prohibits the total of all damages awarded in the
suit authorized by this resolution from exceeding $100,000, plus
prejudgment and postjudgment interest at a rate as allowed by law and
prohibits the plaintiff from pleading an amount in excess of that amount in
a suit.  The resolution provides that this is the total amount that is
authorized to be recovered with respect to the issue that is the subject of
this resolution in all actions brought with respect to that issue.
C.S.H.C.R. 208 requires the suit to be brought in Bexar County and provides
that the attorney general of the State of Texas be served process.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.C.R. 208 differs from the original by limiting the amount of damages
that Carmen R. Melenyzer or another plaintiff is authorized to file suit
for and receive.  The substitute removes the provision authorizing Carmen
R. Melenyzer or another plaintiff to file suit against the child support
division of the office of the attorney general.