1-1 By: Harris S.C.R. No. 41 1-2 (In the Senate - Filed February 1, 1995; February 2, 1995, 1-3 read first time and referred to Committee on Administration; 1-4 April 24, 1995, reported favorably by the following vote: Yeas 7, 1-5 Nays 0; April 24, 1995, sent to printer.) 1-6 SENATE CONCURRENT RESOLUTION 1-7 WHEREAS, Tenneco Power Generation Company alleges that: 1-8 (1) on or about September 27, 1993, it entered into a 1-9 contract with the board of regents of The Texas A&M University 1-10 System; 1-11 (2) under the contract, it was to develop and operate a 1-12 cogeneration facility to supply Texas A&M University with 1-13 electrical energy and capacity, steam, hot water, and chilled 1-14 water; 1-15 (3) it worked in good faith to comply with all terms of the 1-16 contract as construction on the facility progressed under the 1-17 timeline prescribed by The Texas A&M University System; 1-18 (4) The Texas A&M University System failed to use reasonable 1-19 efforts to fulfill the conditions and duties imposed on the system 1-20 by the contract; 1-21 (5) The Texas A&M University System notified Tenneco Power 1-22 Generation Company that it had unilaterally decided to abrogate and 1-23 rescind the contract despite the fact that Tenneco Power Generation 1-24 Company had complied with all conditions of the agreement and was 2-1 working toward completion; and 2-2 (6) Tenneco Power Generation Company is entitled to damages 2-3 due to the breach of contract by The Texas A&M University System; 2-4 now, therefore, be it 2-5 RESOLVED by the Legislature of the State of Texas, That 2-6 Tenneco Power Generation Company be and is hereby granted 2-7 permission to sue the State of Texas and the chancellor of The 2-8 Texas A&M University System subject to Chapter 107, Civil Practice 2-9 and Remedies Code; and, be it further 2-10 RESOLVED, That the chancellor of The Texas A&M University 2-11 System be served process as provided by Subdivision (3), Subsection 2-12 (a), Section 107.002, Civil Practice and Remedies Code. 2-13 * * * * *