Appellees Valerie and Robert M. (“Mickey”) Redus file their reply to UIW’s Supplemental Brief and Supplemental Response to Motion to Dismiss pursuant to Local Rule 8.3, but will request leave of Court if necessary.

UIW, in its Supplemental Brief, urges this Court to consider recently passed Senate Bill 308 when determining whether UIW is a “governmental unit” for purposes of the Texas Tort Claims Act. The bill, which becomes effective on September 1, 2015, makes a private university’s campus police department a “law enforcement agency and a governmental body” for purposes of complying with Tex. Govt. Code § 552, commonly known as the Texas Public Information Act.

This act, as this Court knows, guarantees access to “public information” gathered by a “governmental body,” but excepts information held by a “law enforcement agency” that deals with the detection, investigation, or prosecution of crime. See, e.g., Tex. Govt. Code §§ 552.002, 021 and 108.

UIW properly does not consider itself bound by the Senate Bill 308 until it becomes effective next month. When a local television station submitted a request for UIW’s Use of Force Policies and Procedures, UIW declined to respond:

Thank you for your request. As you know the Texas Public Information Act is applicable to a “governmental body” as defined in the Texas Government Code. The Texas legislature has passed a bill making clear that a private university’s police department is a “law enforcement agency” and “a governmental body” under the Government Code “only with respect to information relating solely to law enforcement activities” with an effective date of September 1, 2015. This legislation, coupled with the recent Supreme Court ruling in favor of Rice University, clarify that private university police departments authorized and approved by the Texas Commission on Law Enforcement are entitled to the same immunities that public university police departments receive. Therefore, please resubmit your request for consideration on or after September 1, 2015.

Exhibit 1 (Statement from UIW dated June 5, 2015). UIW’s statement is correct as to its duty to comply with the Public Information Act. Beginning in September, the Campus Police Department will have to respond to requests made under the act. The law regarding the “powers, privileges, and immunities” accorded campus police at private universities will not otherwise change. See Tex. Educ. Code § 51.212.

UIW’s statement is less correct with regard to the law governing immunity. The Supreme Court established in William Marsh Rice v. Refaey , 459 S.W.3d 590, 595 (Tex. 2015) that private university police officers are entitled to interlocutory appeals—under Tex. Civ. Prac. & Rem. Code § 51.014(a)(5)—of denials of motions for summary judgment based on an officer’s assertion of immunity. At the same time, the Supreme Court confirmed that private universities are not government agencies under § 51.014: “no applicable statute treats Rice University or its police force like a state agency….” Id . at 593 (distinguishing the Court’s holding in Klein v. Hernandez, 315 S.W.3d 1 (Tex.2010)).

Senate Bill 308 may affect how UIW responds to Texas Public Information Act requests after September 1, 2015, but it has no impact on the law applicable to the Reduses’ claims, to their Motion to Dismiss this appeal, or to UIW’s claim to be a “governmental unit” when Campus Police Officer Christopher Carter shot Cameron Redus on December 6, 2013. Those questions are settled by the law in effect when the underlying suit was filed. See Robinson v. Crown Cork & Seal Co., Inc ., 335 S.W.3d 126, 149 (Tex. 2010) (holding that statute passed after suit was filed which limited defendant’s liability violated the Texas Constitution prohibition against retroactive laws).

FOR THESE REASONS, appellees Valerie and Robert M. Redus again ask this Court to dismiss this appeal for want of jurisdiction or, in the alternative, deny the plea to the jurisdiction and remand this action to the trial court for further proceedings.

Respectfully submitted, B URFORD P ERRY , LLP ____________________ B RENT C. P ERRY S TATE B AR N O . 15799650 700 L OUISIANA , S UITE 4545 H OUSTON , TX 77002 T EL : (713) 401-9790 F AX : (713) 993-7739 BPERRY @ BURFORDPERRY . COM H ERRING L AW F IRM S /M ASON W. H ERRING M ASON W. H ERRING S TATE B AR N O . 24071746 2727 A LLEN P ARKWAY S UITE 1150 H OUSTON , T EXAS 77019 (832) 500-3170 – T ELEPHONE (832) 500-3172 – F ACSIMILE MHERRING @ HERRINGLAWFIRM . COM T HE H ERRERA L AW F IRM S /JORGE A. HERRERA

FRANK

HERRERA, JR. S TATE B AR N O . 09531000 FHERRERA @ HERRERALAW . COM

JORGE

A. HERRERA S TATE B AR N O . 24044242 JHERRERA @ HERRERALAW . COM 111 S OLEDAD , S UITE 1900 S AN A NTONIO , T EXAS 78205 T EL : 210.224.1054 F AX : 210.228.0887

ATTORNEYS

FOR APPELLEES

C ERTIFICATE OF S ERVICE I hereby certify that a true and correct copy of the foregoing Reply has been served on the following counsel of record by electronic service in accordance with Tex. R. App. P. 9.5(e), on August 10, 2015. Laurence S. Kurth Matthew Wymer Beirne, Maynard & Parsons, LLP 112 East Pecan St., Suite 2750 San Antonio, TX 78205 Counsel for Defendant UIW Robert A. Valadez Shelton & Valadez 600 Navarro St., Suite 500 San Antonio, TX 78205 Counsel for Defendant Christopher Carter

____________________ B RENT C. P ERRY