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.