By Siebert                                           H.C.R. No. 225
       74R13853 MDR-D
                              HOUSE CONCURRENT RESOLUTION
    1-1        WHEREAS, A & A Insulation alleges that:
    1-2              (1)  in November 1992, it entered into its first
    1-3  contract with the General Services Commission to remove asbestos
    1-4  from a building in Austin, Texas;
    1-5              (2)  after 95 percent of the project was completed, the
    1-6  required transmission electron microscopy clearance sample was
    1-7  taken to  make sure the building was safe for reoccupancy;
    1-8              (3)  the first sample taken, as well as the subsequent
    1-9  samples taken, failed to pass the transmission electron microscopy
   1-10  clearance;
   1-11              (4)  A & A Insulation was required to reclean and
   1-12  reencapsulate the area, which cost an additional $75,000;
   1-13              (5)  other samples were taken from outside the work
   1-14  area, which also tested positive with asbestos, leading A & A
   1-15  Insulation to believe that the area subject to the contract failed
   1-16  the transmission electron microscopy clearance because of the
   1-17  asbestos that was being funneled into the containment area;
   1-18              (6)  in accordance with a previously signed contract,
   1-19  A & A Insulation began its second project for the General Services
   1-20  Commission in February 1993, without resolution of any of the
   1-21  issues from the previous contract;
   1-22              (7)  samples taken on the second project also failed
   1-23  transmission electron microscopy clearance and A & A Insulation
   1-24  expressed a concern that this failure resulted from circumstances
    2-1  similar to those encountered in  the first project;
    2-2              (8)  the General Services Commission terminated the
    2-3  contract  and has withheld $80,000;
    2-4              (9)  it has made numerous attempts with the General
    2-5  Services Commission to have their claims and disputes addressed;
    2-6  and
    2-7              (10)  the General Services Commission has wrongfully
    2-8  terminated and withheld payment from A & A Insulation and A & A
    2-9  Insulation is entitled to damages due to the additional costs
   2-10  incurred; now, therefore, be it
   2-11        RESOLVED by the Legislature of the State of Texas, That A & A
   2-12  Insulation is granted permission to sue the State of Texas and the
   2-13  General Services Commission subject to Chapter 107, Civil Practice
   2-14  and Remedies Code; and, be it further
   2-15        RESOLVED, That the executive director of the General Services
   2-16  Commission be served process as provided by Section 107.002(a)(3),
   2-17  Civil Practice and Remedies Code.