By: Carriker S.C.R. No. 24 71S20376 S.B. No.-D CONCURRENT RESOLUTION 1-1 WHEREAS, J. E. Isbell, Inc., alleges that: 1-2 (1) on or about September 26, 1988, it entered into a 1-3 five-year grazing lease agreement with the Parks and Wildlife 1-4 Department for use of the Matador Wildlife Management Area located 1-5 in Cottle County, Texas; 1-6 (2) as required by the lease agreement, it submitted to the 1-7 department $2,476.90, representing two percent of its bid, and the 1-8 first year's lease payment of $24,769; 1-9 (3) under the terms of the lease, it was required to pay an 1-10 annual amount to graze a specific number of cattle on the area from 1-11 September 1 to April 30 of each year, except for the first year 1-12 when the grazing period began on October 1, 1988; 1-13 (4) because the first year's grazing started 30 days late, 1-14 it was overcharged on the first annual lease; 1-15 (5) under the terms of the lease, the department was 1-16 required to provide adequate fences, cattle guards, and watering 1-17 facilities on the area and J. E. Isbell, Inc., as lessee, was to 1-18 maintain these fences and watering facilities; 1-19 (6) the department did not provide sufficient fences and 1-20 cattle guards and J. E. Isbell, Inc., spent over $8,000 repairing 1-21 fences in the first year of the lease; 1-22 (7) the watering facilities were also in poor condition and 1-23 J. E. Isbell, Inc., contends that it should not have to replace 1-24 what should have been provided by the department; 2-1 (8) the department has breached the lease by failing to 2-2 fulfill its obligations and has placed the cost and burden of 2-3 upkeep on J. E. Isbell, Inc.; 2-4 (9) it has attempted in good faith to fulfill its 2-5 obligations under the terms of the lease but has found it 2-6 impossible to continue due to the department's negligence of the 2-7 area; and 2-8 (10) it asks for a refund of the $2,476.90 down payment, a 2-9 refund of one month's lease payment for the 1988-89 overcharge, 2-10 $8,000 reimbursement for replacement of fences, lost profits for 2-11 1988-89 resulting from inadequate fences and watering facilities, 2-12 and damages for the loss of expected future profits for the 2-13 remaining four years of the lease; now, therefore, be it 2-14 RESOLVED by the Legislature of the State of Texas, That 2-15 J. E. Isbell, Inc., is granted permission to sue the State of Texas 2-16 and the Parks and Wildlife Department subject to Chapter 107, Civil 2-17 Practice and Remedies Code; and, be it further 2-18 RESOLVED, That the executive director of the Parks and 2-19 Wildlife Department be served process as provided by Section 2-20 107.002(a)(3), Civil Practice and Remedies Code.