By: Henderson S.C.R. No. 8
SENATE 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 design
1-3 of an athletic training facility on the University of Houston
1-4 campus;
1-5 (2) as a condition of the award of the contract, it deferred
1-6 billing for the preparation of conceptual drawings and schematics
1-7 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 basis
1-16 of a previous relationship with the university employee, rather
1-17 than on the firm's abilities; and
1-18 (7) the university's wrongful breach of contract has cost
1-19 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., be and are hereby granted permission
1-23 to sue the State of Texas and the University of Houston System
2-1 subject to Chapter 107, Civil Practice and Remedies Code; and, be
2-2 it further
2-3 RESOLVED, That the chancellor or vice-chancellor of the
2-4 University of Houston System be served process as provided by
2-5 Section 107.002(a)(3), Civil Practice and Remedies Code.