73R4411 MDR-F
          By A. Smith of Harris                                 H.C.R. No. 43
                              HOUSE CONCURRENT RESOLUTION
    1-1        WHEREAS, John R. Phenix & Associates, Inc., alleges that:
    1-2              (1)  it was promised the award of a contract for the
    1-3  design of an athletic training facility on the University of
    1-4  Houston campus;
    1-5              (2)  as a condition of the award of the contract, it
    1-6  deferred billing for the preparation of conceptual drawings and
    1-7  schematics that were to be used to raise funds for the facility;
    1-8              (3)  it prepared conceptual drawings and schematics and
    1-9  several subsequent redesigns of the structure at a cost of over
   1-10  $80,000 in professional fees;
   1-11              (4)  the university originally awarded it the contract;
   1-12              (5)  at the instigation of a university employee, the
   1-13  university reneged on the contract and awarded it to another
   1-14  architectural firm;
   1-15              (6)  the contract was awarded to the other firm on the
   1-16  basis of a previous relationship with the university employee,
   1-17  rather than on the firm's abilities; and
   1-18              (7)  the university's wrongful breach of contract has
   1-19  cost John R. Phenix & Associates, Inc., a loss of over $80,000 in
   1-20  professional fees; now, therefore, be it
   1-21        RESOLVED by the Legislature of the State of Texas, That John
   1-22  R. Phenix & Associates, Inc., is granted permission to sue the
   1-23  State of Texas and the University of Houston System subject to
   1-24  Chapter 107, Civil Practice and Remedies Code; and, be it further
    2-1        RESOLVED, That the chancellor or vice-chancellor of the
    2-2  University of Houston System be served process as provided by
    2-3  Section 107.002(a)(3), Civil Practice and Remedies Code.