By Kuempel                                           H.C.R. No. 121
       74R3915 MDR-F
                                 CONCURRENT RESOLUTION
    1-1        WHEREAS, Hunter Industries, Inc., alleges that:
    1-2              (1)  on or about February 26, 1991, it entered into a
    1-3  contract, No. 4-001-91-02, with Travis County for the construction
    1-4  of Arterial No. 5 Roadway Improvements, Segment II, in Travis
    1-5  County, Texas;
    1-6              (2)  the contract included the construction of 480
    1-7  linear feet of concrete bridge structures;
    1-8              (3)  Hunter Industries, Inc., concluded it was to
    1-9  construct the bridge using type "C" concrete, while Travis County
   1-10  contends Hunter Industries, Inc., was to use type "C-C" concrete;
   1-11              (4)  placement of type "C-C" concrete required
   1-12  additional work by Hunter Industries, Inc.;
   1-13              (5)  Hunter Industries, Inc., has fully performed all
   1-14  of its obligations under the terms of the contract; and
   1-15              (6)  Hunter Industries, Inc., is entitled to be fairly
   1-16  compensated for the additional work required to place the type
   1-17  "C-C" concrete; now, therefore, be it
   1-18        RESOLVED by the Legislature of the State of Texas, That
   1-19  Hunter Industries, Inc., is granted permission to sue Travis County
   1-20  subject to Chapter 107, Civil Practice and Remedies Code; and, be
   1-21  it further
   1-22        RESOLVED, That the county judge of Travis County be served
   1-23  process as provided by Section 107.002(a)(3), Civil Practice and
   1-24  Remedies Code.