By Willis H.C.R. No. 144
74R8907 SKT-F
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, Billy Gee's, Inc., alleges that:
1-2 (1) in February 1987, it contracted with the State
1-3 Department of Highways and Public Transportation (now the Texas
1-4 Department of Transportation) to perform certain highway
1-5 maintenance in Hood, Johnson, Parker, Somervell, and Tarrant
1-6 counties;
1-7 (2) Billy Gee's, Inc., began work to fulfill its
1-8 obligations under the contract in February 1987; and
1-9 (3) in May 1987, the State of Texas, acting by and
1-10 through the department, wrongfully terminated the contract, refused
1-11 to permit Billy Gee's, Inc., to complete its obligations under the
1-12 contract, and has wrongfully withheld from Billy Gee's, Inc., sums
1-13 to which it is entitled; now, therefore, be it
1-14 RESOLVED by the Legislature of the State of Texas, That Billy
1-15 Gee's, Inc., is granted permission to sue the State of Texas and
1-16 the Texas Department of Transportation subject to Chapter 107,
1-17 Civil Practice and Remedies Code; and, be it further
1-18 RESOLVED, That the executive director of the Texas Department
1-19 of Transportation be served process as provided by Section
1-20 107.002(a)(3), Civil Practice and Remedies Code.