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
   1-25  working toward completion; and
   1-26        (6)  Tenneco Power Generation Company is entitled to damages
   1-27  due to the breach of contract by The Texas A&M University System;
   1-28  now, therefore, be it
   1-29        RESOLVED by the Legislature of the State of Texas, That
   1-30  Tenneco Power Generation Company be and is hereby granted
   1-31  permission to sue the State of Texas and the chancellor of The
   1-32  Texas A&M University System subject to Chapter 107, Civil Practice
   1-33  and Remedies Code; and, be it further
   1-34        RESOLVED, That the chancellor of The Texas A&M University
   1-35  System be served process as provided by Subdivision (3), Subsection
   1-36  (a), Section 107.002, Civil Practice and Remedies Code.
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