Bill Text: TX SCR27 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Granting Dr. Angel W. Lee permission to sue the State of Texas and the University of Texas Health Science Center at Houston.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Jurisprudence [SCR27 Detail]
Download: Texas-2011-SCR27-Introduced.html
| By: Wentworth | S.C.R. No. 27 | |
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| WHEREAS, Dr. Angel W. Lee alleges that: | ||
| (1) in September 2008, Dr. Lee entered an employment | ||
| contract with The University of Texas Health Science Center at | ||
| Houston for a full-time position of Associate Professor, tenure | ||
| track, in the School of Health Information Sciences; | ||
| (2) under the terms of the contract, Dr. Lee was hired | ||
| for the academic year 2009, a twelve month period; | ||
| (3) Dr. Lee completed her first year of academic | ||
| service on August 31, 2009, and completed her second year of | ||
| academic service on August 31, 2010; | ||
| (4) Dr. Lee began her third year of employment on | ||
| September 1, 2010; | ||
| (5) on December 6, 2010, Dr. Lee received a Notice of | ||
| Non-Reappointment from the university, which terminated Dr. Lee's | ||
| employment effective August 31, 2011; | ||
| (6) Dr. Lee's termination was made pursuant to Policy | ||
| 44 of the Handbook of Operating Procedures of The University of | ||
| Texas Health Science Center at Houston (HOOP); the HOOP, among | ||
| other university policies and rules, was incorporated by reference | ||
| into Dr. Lee's contract; | ||
| (7) under HOOP Policy 44, nontenured tenure-track | ||
| faculty members in their third year of probationary service must | ||
| receive notification of non-reappointment by August 31 of their | ||
| third year in order to be terminated by August 31 of the following | ||
| calendar year; | ||
| (8) Dr. Lee was given insufficient notice on December | ||
| 6, 2010, to terminate Dr. Lee's employment effective August 31, | ||
| 2011; | ||
| (9) proper notification of Dr. Lee's August 31, 2011, | ||
| termination would have had to be given to Dr. Lee by August 31, | ||
| 2010; | ||
| (10) the university's actions constitute a breach of | ||
| contract; and | ||
| (11) Dr. Lee will suffer irreparable harm, including | ||
| loss of valuable research and the inability, as a practical matter, | ||
| to secure new employment as a research scientist, unless the | ||
| university is ordered by the courts to confirm Dr. Lee's | ||
| appointment through August 31, 2012, under the terms of Dr. Lee's | ||
| contract; now, therefore, be it | ||
| RESOLVED by the Legislature of the State of Texas, That Dr. | ||
| Angel W. Lee is granted permission to sue the State of Texas and The | ||
| University of Texas Health Science Center at Houston subject to | ||
| Chapter 107, Civil Practice and Remedies Code; and, be it further | ||
| RESOLVED, That Dr. Angel W. Lee may plead a cause of action | ||
| for equitable relief, including specific performance of Dr. Lee's | ||
| contract; and, be it further | ||
| RESOLVED, That the president of The University of Texas | ||
| Health Science Center at Houston and the attorney general be served | ||
| process as provided by Section 107.002(a)(3), Civil Practice and | ||
| Remedies Code. | ||
