Texas Senate Bill SCR33

Texas 2009 - 81st Regular

• Introduced: 2/24/09
• Refer: 3/13/09
• Report Pass: 3/30/09

Caption

Granting Betty Bardwell permission to sue the State of Texas, The University of Texas Medical Branch at Galveston, and the Office of the Attorney General.

Impact

The resolution has significant implications for the state laws concerning sovereign immunity, which traditionally protects the state and its entities from being sued without consent. By allowing this suit to proceed, it opens a pathway for Bardwell to seek compensation for damages amounting to $500,000. The case marks a critical juncture where accountability of state institutions is reconsidered in light of worker protections and rights, particularly surrounding workplace safety and proper reporting procedures.

Summary

SCR33 is a concurrent resolution that grants Betty Bardwell the permission to sue the State of Texas, The University of Texas Medical Branch at Galveston, and the Office of the Attorney General for alleged personal injuries she incurred due to a workplace incident. The resolution outlines Bardwell's account of her injury, detailing a slip and fall at Rebecca Sealy Hospital and providing insights into the subsequent misreporting of the incident by hospital officials. Central to the bill's thrust is the assertion that the report submitted to the Texas Workers' Compensation Commission contained inaccuracies that negatively impacted Bardwell's reputation.

Contention

Notably, Bardwell's case highlights issues around the Health Insurance Portability and Accountability Act (HIPAA) as well, with allegations that her medical records were improperly accessed and altered. This raises concerns about privacy and the legal handling of sensitive health information by state officials. The implications of SCR33 revolve around accountability within governmental agencies, potentially setting a precedent for similar legal actions while questioning the integrity of procedural compliance in relation to workers' compensation.