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.