H.C.R. No. 135
                              HOUSE CONCURRENT RESOLUTION
    1-1        WHEREAS, Green International, formerly known as Argee
    1-2  Corporation, alleges that:
    1-3              (1)  it entered into a contract with the Texas
    1-4  Department of Criminal Justice, formerly the Texas Department of
    1-5  Corrections, on July 25, 1988, to construct a 1,000-bed medium
    1-6  security prison at Snyder, Texas, known as the Price Daniel Unit;
    1-7              (2)  it entered into a contract with the department on
    1-8  August 9, 1988, to construct a 1,000-bed medium security prison at
    1-9  Dayton, Texas, known as the L. V. Hightower Unit;
   1-10              (3)  it entered into a contract with the department on
   1-11  January 26, 1989, to construct a 1,000-bed medium security prison
   1-12  at Woodville, Texas, known as the Gib Lewis Unit;
   1-13              (4)  it has fully performed all of its obligations
   1-14  under the terms of the three contracts;
   1-15              (5)  its performance on all three prison projects was
   1-16  delayed and made more costly by numerous items of extra work, by
   1-17  the failure of the state and its representatives, construction
   1-18  manager, and architect to respond to routine contract
   1-19  communications in a timely and comprehensive manner, by deficient,
   1-20  defective, and incomplete contract plans and specifications, and by
   1-21  the failure of the state and its representatives and construction
   1-22  manager to administer the contracts in accordance with the contract
   1-23  terms and general principles of construction management;
   1-24              (6)  the State of Texas, acting by and through the
    2-1  Texas Department of Criminal Justice, has wrongfully withheld from
    2-2  Green International and its subcontractors and suppliers contract
    2-3  balances, retainages, and additional compensation to which Green
    2-4  International, its subcontractors, and suppliers are entitled, in
    2-5  breach of the various contracts enumerated above; and
    2-6              (7)  it has attempted to resolve these conflicts and
    2-7  disputes under the contractually established disputes procedure but
    2-8  the state has failed to act on any of its claims, leaving Green
    2-9  International with no apparent remedy; now, therefore, be it
   2-10        RESOLVED by the Legislature of the State of Texas,  That
   2-11  Green International, formerly known as Argee Corporation, is
   2-12  granted permission to sue the State of Texas and the Texas
   2-13  Department of Criminal Justice subject to Chapter 107, Civil
   2-14  Practice and Remedies Code; and, be it further
   2-15        RESOLVED, That the executive director of the Texas Department
   2-16  of Criminal Justice be served process as provided by Section
   2-17  107.002(a)(3), Civil Practice and Remedies Code.
   2-18  107.002(a)(3), Civil Practice and Remedies Code.
   2-19                                                   Thompson of Harris
   2-20                                                    H.C.R. No. 135
   2-21  _______________________________     _______________________________
   2-22      President of the Senate              Speaker of the House
   2-23        I certify that H.C.R. No. 135 was adopted by the House on May
   2-24  28, 1993, by a non-record vote.
   2-25                                      _______________________________
   2-26                                          Chief Clerk of the House
   2-27        I certify that H.C.R. No. 135 was adopted by the Senate on
    3-1  May 29, 1993.
    3-2                                      _______________________________
    3-3                                          Secretary of the Senate
    3-4  APPROVED:  _____________________
    3-5                     Date
    3-6             _____________________
    3-7                   Governor