By Nixon H.C.R. No. 83
74R5566 MDR-D
CONCURRENT RESOLUTION
1-1 WHEREAS, CW Systems, Inc., alleges that:
1-2 (1) on or about April 24, 1991, CW Systems, Inc., a
1-3 software development business, entered into a formal contract with
1-4 the University of Houston System to convert and install The
1-5 University of Texas System payroll program onto the University of
1-6 Houston System DEC VAX computers;
1-7 (2) the conversion was to be completed on or about
1-8 August 31, 1991, but by agreement the University of Houston System
1-9 extended the deadline to December 31, 1991, so that requested
1-10 changes could be made;
1-11 (3) before the completion of the payroll project, The
1-12 University of Texas System substantially upgraded and improved its
1-13 payroll system;
1-14 (4) the University of Houston System, through its
1-15 consultant, instructed CW Systems, Inc., to cease converting the
1-16 old payroll program and install the new payroll program;
1-17 (5) CW Systems, Inc., made the requested changes and
1-18 converted the new payroll program onto the University of Houston
1-19 System computers;
1-20 (6) in November 1992, CW Systems, Inc., filed suit
1-21 against the University of Houston System to recover compensation in
1-22 the amount of $800,000, owed to them for the additional work done
1-23 on the installation and conversion of the new payroll system; and
1-24 (7) the University of Houston System has wrongfully
2-1 withheld payment, and CW Systems, Inc., is entitled to damages
2-2 because of the delays and additional costs incurred in performing
2-3 the additional work; now, therefore, be it
2-4 RESOLVED by the Legislature of the State of Texas, That CW
2-5 Systems, Inc., is granted permission to sue the State of Texas and
2-6 the University of Houston System subject to Chapter 107, Civil
2-7 Practice and Remedies Code; and, be it further
2-8 RESOLVED, That the chancellor of the University of Houston
2-9 System be served process as provided by Section 107.002(a)(3),
2-10 Civil Practice and Remedies Code.