Journal of the House of Representatives of the Regular Session of the Fifty-Ninth Legislature of the State of Texas, Volume 1 Page: 428

                                
428      HUSE JURNA

H. C. R. No. 46
Whereas, Tilford Edwards, indi-
vidually and as next friend of Johnnie
R. Oates, a minor, and Willie Marie
Coppedge, joined pro forma by her
husband, Robert O. Coppedge, allege
that on or about March 5, 1963, Til-
ford Edwards was operating an auto-
mobile in a westerly direction on
U. S. Highway 180 near Nickle Creek,
in Culberson County, Texas, and Mrs.
Thelma Oates, the mother of John-
nie R. Oates and Willie Marie Cop-
pedge, was a passenger in the auto-
mobile; and
Whereas, It is alleged that the
said Mrs. Thelma Oates died as a
result of injuries received in an auto-
mobile collision which occurred at
such time and place with a Texas
Highway Department Michigan Load-
er, and the said Tilford Edwards re-
ceived serious and permanent injur-
ies from the collision; and
Whereas, It is claimed that there
is strong evidence indicating that the
collision which resulted in the death
of Mrs. Thelma Oates and the severe
injuries suffered by Mr. Tilford Ed-
wards was caused by various negli-
gent acts and omissions of the Texas
Highway Department in the use and
operation of the Michigan Loader;
and
Whereas, Mr. Tilford    Edwards,
Johnnie R. Oates and Willie Marie
Coppedge allege that they have in-
curred  substantial damages, costs
and expenses, and it is their desire to
institute suit against the State of
Texas and the Texas Highway De-
partment in order to determine what
damages, if any, or other relief they
are entitled to recover; now, there-
fore, be it
Resolved, By the House of Rep-
resentatives of the State of Texas,
the Senate concurring, (a) That Til-
ford Edwards, individually and as
next friend of Johnnie R. Oates, a
r,:inor, and Willie Marie Coppedge,
joined pro forma by her husband,
Rohert O. Coppedge, be granted and
are hereby granted   permission  to
bring suit against the State of Texas
in any court of competent jurisdic-
tion; (b) That in the event such suit
is filed, service of citation or any
other necessary process shall be had
upon the Attorney General of the
State of Texas and member s of the

Texas Highway Commission; and (c)
That such case shall be tried as oth-
er civil cases reserving to either party
the right of appeal; and, be it further
Resolved, That nothing herein shall
be construed as an admission on the
part of the State of Texas, or any
of the departments or agencies of the
State of Texas, as to the validity of
any allegations or claims asserted in
said suit, but that all allegations and
claims asserted in said suit must be
proved as in other suits under the
same rules of evidence and the same
laws as apply in, and govern the
trial of, other cases; and, he it further
Resolved, (a) That nothing herein
shall be construed as a waiver of
any defenses, of fact as well as law,
that may be asserted by, or available
to the State of Texas, or any of the
departments or agencies of the State
of Texas, or any of the political sub-
divisions of the State of Texas, in
said suit, but (b) That all such de-
fenses are hereby   specifically re-
served.
The resolution was referred to the
Committee on State Affairs.
CONGRATULATORY RESOLU-
TIONS ADOPTED
The following Congratulatory Re-
solutions were adopted:
H. S. R. No. 123, By Johnson of
Bexar: Congratulating  Miss Betty
Kannon of Montreal, Quebec, Canada.
H. S. R. No. 124, By Johnson of
Bexar. Bernal, Nugent of Kerr, Town-
sendl, Hallmark, Kothmann, Lee, Pip-
kin and Vale: Expressing apprecia-
tion to Mr. and Mrs. Marshall Steves
of San Antonio, Texas.
H. S. R. No. 125, By Johnson of
Bexar and Bernal: Congratulating the
executive committee and the archi-
tects of HemisFair 1968.
RELATING TO THE AUSTIN
CIVIC THEATRE
Mr. Cain offered the following re-
solution:
H. S. R. No. 126
Whereas, For almost forty-four
years, the Austin Civic Theatre, a
non-profit cultural and educational
organization, has been the community
theatre of Texas' Capital City, pre-

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HOUSE JOURNAL