Granting Katherine Riley permission to sue the State of Texas and the State Preservation Board.
Impact
The resolution specifically allows for Ms. Riley to proceed with legal action against the state, subject to Chapter 107 of the Civil Practice and Remedies Code. This chapter governs the process by which claims can be brought against the state, establishing that permission must be granted for suits involving state entities. The passage of this resolution highlights the state's recognition of individual claims against it, albeit within a confined legal framework.
Summary
HCR274 is a concurrent resolution that grants Katherine Riley permission to sue the State of Texas and the State Preservation Board. The resolution arises from an incident on March 30, 2008, where Ms. Riley was injured by a falling tree branch while walking near the Capitol Visitors Center in Austin, Texas. As a result of the incident, she has incurred significant medical expenses amounting to over $85,000 and has faced challenges in obtaining compensation from the state for her injuries.
Contention
There are potential points of contention regarding the implications of allowing individual lawsuits against the state. Supporters may view this resolution as a necessary step to uphold accountability and ensure that individuals can seek redress for injuries incurred due to potential negligence by state entities. However, some may argue that granting such permissions could set a precedent for increased liability exposure for the state, which might influence future state policy and resource allocation.
Authorizing the State Preservation Board, subject to state law and rules of the board, to approve the construction of a monument honoring victims of communism at the State Capitol Complex, at a site outside of the historic Capitol grounds.