S.C.R. No. 41
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, Tenneco Power Generation Company alleges that:
    1-2              (1)  on or about September 27, 1993, it entered into a
    1-3  contract with the board of regents of The Texas A&M University
    1-4  System;
    1-5              (2)  under the contract, it was to develop and operate
    1-6  a cogeneration facility to supply Texas A&M University with
    1-7  electrical energy and capacity, steam, hot water, and chilled
    1-8  water;
    1-9              (3)  it worked in good faith to comply with all terms
   1-10  of the contract as construction on the facility progressed under
   1-11  the timeline prescribed by The Texas A&M University System;
   1-12              (4)  The Texas A&M University System failed to use
   1-13  reasonable efforts to fulfill the conditions and duties imposed on
   1-14  the system by the contract;
   1-15              (5)  The Texas A&M University System notified Tenneco
   1-16  Power Generation Company that it had unilaterally decided to
   1-17  abrogate and rescind the contract despite the fact that Tenneco
   1-18  Power Generation Company had complied with all conditions of the
   1-19  agreement and was working toward completion; and
   1-20              (6)  Tenneco Power Generation Company is entitled to
   1-21  damages due to the breach of contract by The Texas A&M University
   1-22  System; now, therefore, be it
   1-23        RESOLVED by the Legislature of the State of Texas, That
   1-24  Tenneco Power Generation Company is granted permission to sue the
    2-1  State of Texas and the chancellor of The Texas A&M University
    2-2  System subject to Chapter 107, Civil Practice and Remedies Code;
    2-3  and, be it further
    2-4        RESOLVED, That the suit authorized by this resolution shall
    2-5  be brought in Brazos County, except that if the contract that is
    2-6  the subject of the suit requires that the suit be brought in
    2-7  another county, the suit may be brought in that county; and, be it
    2-8  further
    2-9        RESOLVED, That the total of all damages awarded in the suit
   2-10  authorized by this resolution, including any court costs,
   2-11  attorney's fees, and prejudgment interest awarded under law, may
   2-12  not exceed $37 million, that Tenneco Power Generation Company may
   2-13  not plead an amount in excess of that amount in a suit authorized
   2-14  by this resolution, and that this is the total amount that may be
   2-15  recovered with respect to the contract that is the subject of this
   2-16  resolution in all actions brought with respect to that contract;
   2-17  and, be it further
   2-18        RESOLVED, That payment of any damages awarded in a suit
   2-19  authorized by this section from the state treasury is subject to
   2-20  appropriation; and, be it further
   2-21        RESOLVED, That it is the intent of the 74th Legislature of
   2-22  the State of Texas that, if any damages are awarded in a suit
   2-23  authorized by this resolution, the damages be paid from money
   2-24  appropriated to or otherwise available to The Texas A&M University
   2-25  System and that additional money should not be appropriated for the
   2-26  purpose of paying these damages; and, be it further
   2-27        RESOLVED, That the remedies available to Tenneco Power
    3-1  Generation Company in the suit authorized by this resolution are
    3-2  limited to the remedies traditionally available for breach of
    3-3  contract, except that Tenneco Power Generation Company may not
    3-4  recover consequential damages resulting from any breach of
    3-5  contract, and that this resolution does not authorize suit on any
    3-6  claim that sounds in tort; and, be it further
    3-7        RESOLVED, That Tenneco Power Generation Company and The Texas
    3-8  A&M University System may agree to submit the matter that is the
    3-9  subject of this resolution to binding arbitration; and, be it
   3-10  further
   3-11        RESOLVED, That none of the court records, pleadings, motions,
   3-12  or discovery related to the suit authorized by this resolution may
   3-13  be sealed by the court or the parties from public inspection; and,
   3-14  be it further
   3-15        RESOLVED, That the provisions of this resolution are not
   3-16  severable, and if any provision of this resolution is finally held
   3-17  to be invalid by a court of competent jurisdiction, the remaining
   3-18  provisions are also invalid and this resolution has no force or
   3-19  effect and no suit is authorized by this resolution; and, be it
   3-20  further
   3-21        RESOLVED, That the chancellor of The Texas A&M University
   3-22  System be served process as provided by Subdivision (3), Subsection
   3-23  (a), Section 107.002, Civil Practice and Remedies Code.