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.