By Finnell                                           H.C.R. No. 110
       74R5960 SKT-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)  J. E. Isbell, Inc., has attempted in good faith to
    2-5  fulfill its obligations under the terms of the lease but has found
    2-6  it 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 profits for the remaining four
   2-13  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.