By Harris                                             S.C.R. No. 41
       74R3293 MDR-D
                                 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 chancellor of The Texas A&M University
    2-5  System be served process as provided by Section 107.002(a)(3),
    2-6  Civil Practice and Remedies Code.