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appropriation to collect the damages (including any interest)
because only the Legislature could pay the judgment. Tex. Dept.
of Human Servs. v. Green, 855 S.W.2d 136, 145 (Tex. Ct. App.
1993). The Court of Appeals judgment became final on April 26,
1994, after the Texas Supreme Court denied TDHS’s application for
writ of error.
Between 1991 and 1993, petitioner developed a bleeding
peptic ulcer and required repeated hospitalization for
gastrointestinal bleeding and anemia of life-threatening
severity, requiring blood transfusions over a 45-day period.
During 1993, 1994, and 1995, petitioner suffered further
deterioration of his mental and physical health.
From September 24, 1991, through November 8, 1995, the State
of Texas did not pay any part of the judgment or interest.
Petitioner discharged Brothers after the final judgment in the
whistleblower lawsuit when there was a disagreement as to how to
collect on such judgment. Petitioner instituted legal
proceedings in an attempt to collect judgment. Additionally,
petitioner, individually, attempted to secure a legislative
appropriation in 1993 to satisfy his judgment. Petitioner’s
efforts were unsuccessful.
A regular session of the Texas Legislature convenes only in
odd-numbered years. There are two chambers in the Texas
Legislature: the Senate and the House of Representatives. All
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