By: Clemons H.C.R. No. 30 73R3357 MDR-D CONCURRENT RESOLUTION 1-1 WHEREAS, James Loomer, individually and doing business as 1-2 Carpets by Curiosity, alleges that: 1-3 (1) he owns certain real property in Lufkin, Angelina 1-4 County, Texas; 1-5 (2) the Texas Department of Transportation, formerly 1-6 the State Department of Highways and Public Transportation, 1-7 designed, engineered, or constructed Texas State Highway 69 in such 1-8 a manner as to cause water to flow over the highway and to flood 1-9 and damage his property on or about June 7, 1986; 1-10 (3) the Texas Department of Transportation: 1-11 (A) did not properly maintain box culverts in 1-12 the vicinity of his property near or under Texas State Highway 69; 1-13 (B) negligently used motor-driven equipment in 1-14 the construction of the highway; 1-15 (C) did not properly maintain the highway ditch 1-16 and shoulders to prevent the flow of water across the highway; 1-17 (D) did not properly inspect box culverts in the 1-18 construction area; and 1-19 (E) did not warn the public of the unsafe 1-20 conditions of the highway; and 1-21 (4) as a result of the negligent design, engineering, 1-22 or construction of Texas State Highway 69, the department caused 1-23 substantial damages to his property and his business; now, 1-24 therefore, be it 2-1 RESOLVED by the Legislature of the State of Texas, That James 2-2 Loomer, individually and doing business as Carpets by Curiosity, is 2-3 granted permission to sue the State of Texas and the Texas 2-4 Department of Transportation subject to Chapter 107, Civil Practice 2-5 and Remedies Code; and, be it further 2-6 RESOLVED, That the executive director of the Texas Department 2-7 of Transportation be served process as provided by Section 2-8 107.002(a)(3), Civil Practice and Remedies Code.