NO. 04-15-00120-CV

IN THE FOURTH COURT OF APPEALS

AT SAN ANTONIO, TEXAS

UNIVERSITY OF THE INCARNATE WORD, 

Defendant--Appellant

v.

VALERIE REDUS, Individually, and ROBERT M. REDUS, 

Individually and as Administrator of the Estate of Cameron M. Redus

Plaintiffs—Appellees 

_________________________________________________ 

On appeal from the 150th Judicial District Court

of Bexar County, Texas

APPELLEES’ REPLY TO UIW’S

SUPPLEMENTAL BRIEF AND

SUPPLEMENTAL RESPONSE TO MOTION TO DISMISS

 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. 

ACCEPTED

04-15-00120-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

8/10/2015 11:02:59 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 8/10/2015 11:02:59 PM KEITH E. HOTTLE Clerk
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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, 
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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.
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Respectfully submitted,

BURFORD PERRY, LLP

____________________

BRENT C. PERRY

STATE BAR NO. 15799650

700 LOUISIANA, SUITE 4545

HOUSTON, TX 77002

TEL: (713) 401-9790

FAX:(713) 993-7739

BPERRY@BURFORDPERRY.COM

HERRING LAW FIRM

S/MASON W. HERRING

MASON W. HERRING

STATE BAR NO. 24071746

2727 ALLEN PARKWAY

SUITE 1150

HOUSTON, TEXAS 77019

(832) 500-3170 – TELEPHONE 

(832) 500-3172 – FACSIMILE

MHERRING@HERRINGLAWFIRM.COM

THE HERRERA LAW FIRM

S/JORGE A. HERRERA 

FRANK HERRERA, JR.

STATE BAR NO. 09531000

FHERRERA@HERRERALAW.COM

JORGE A. HERRERA

STATE BAR NO. 24044242

JHERRERA@HERRERALAW.COM

111 SOLEDAD, SUITE 1900

SAN ANTONIO, TEXAS 78205

TEL: 210.224.1054

FAX: 210.228.0887

ATTORNEYS FOR APPELLEES
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CERTIFICATE OF SERVICE

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 

____________________

BRENT C. PERRY