By: Luna S.C.R. No. 55
73R6124 MDR-D
CONCURRENT RESOLUTION
1-1 WHEREAS, Herman B. Taylor Construction Company alleges that:
1-2 (1) on or about November 1, 1988, it entered into a
1-3 contract with Texas Southern University to renovate the E. O. Bell
1-4 Building in Houston, Texas;
1-5 (2) it has substantially performed all of its
1-6 obligations under the terms of the contract;
1-7 (3) Texas Southern University is responsible for
1-8 excessive delays on the project resulting in damages to Herman
1-9 B. Taylor Construction Company and has defaulted in the performance
1-10 of its obligations under its contract with Herman B. Taylor
1-11 Construction Company;
1-12 (4) the State of Texas, acting by and through Texas
1-13 Southern University, has wrongfully withheld from it payment in
1-14 accordance with the terms of its contract; and
1-15 (5) it is entitled to damages in the amount of
1-16 approximately $185,462; now, therefore, be it
1-17 RESOLVED by the Legislature of the State of Texas, That
1-18 Herman B. Taylor Construction Company is granted permission to sue
1-19 the State of Texas and Texas Southern University subject to Chapter
1-20 107, Civil Practice and Remedies Code; and, be it further
1-21 RESOLVED, That the chancellor of Texas Southern University be
1-22 served process as provided by Section 107.002(a)(3), Civil Practice
1-23 and Remedies Code.