74R13528 DLF-D
          By Henderson                                          S.C.R. No. 52
          Substitute the following for S.C.R. No. 52:
          By Zbranek                                        C.S.S.C.R. No. 52
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, CW Systems, Inc., alleges that:
    1-2              (1)  on or about April 24, 1991, CW Systems, Inc., a
    1-3  software development business, entered into a formal contract with
    1-4  the University of Houston System to convert and install The
    1-5  University of Texas System payroll program onto the University of
    1-6  Houston System DEC VAX computers;
    1-7              (2)  the conversion was to be completed on or about
    1-8  August 31, 1991, but by agreement the University of Houston System
    1-9  extended the deadline to December 31, 1991, so that requested
   1-10  changes could be made;
   1-11              (3)  before the completion of the payroll project, The
   1-12  University of Texas System substantially upgraded and improved its
   1-13  payroll system;
   1-14              (4)  the University of Houston System, through its
   1-15  consultant, instructed CW Systems, Inc., to cease converting the
   1-16  old payroll program and install the new payroll program;
   1-17              (5)  CW Systems, Inc., made the requested changes and
   1-18  converted the new payroll program onto the University of Houston
   1-19  System computers; and
   1-20              (6)  the University of Houston System has wrongfully
   1-21  withheld payment, and CW Systems, Inc., is entitled to damages
   1-22  because of the delays and additional costs incurred in performing
   1-23  the additional work; now, therefore, be it
   1-24        RESOLVED by the Legislature of the State of Texas, That CW
    2-1  Systems, Inc., is granted permission to sue the State of Texas and
    2-2  the University of Houston System subject to Chapter 107, Civil
    2-3  Practice and Remedies Code; and, be it further
    2-4        RESOLVED, That the suit authorized by this resolution shall
    2-5  be brought in Harris 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 $1 million, that CW Systems, Inc., may not plead an
   2-13  amount in excess of that amount in a suit authorized by this
   2-14  resolution, and that this is the total amount that may be recovered
   2-15  with respect to the contract that is the subject of this resolution
   2-16  in all actions brought with respect to that contract; and, be it
   2-17  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 University of Houston
   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 CW Systems, Inc., in
    3-1  the suit authorized by this resolution are limited to the remedies
    3-2  traditionally available for breach of contract, except that CW
    3-3  Systems, Inc., may not recover consequential damages resulting from
    3-4  any breach of contract, and that this resolution does not authorize
    3-5  suit on any claim that sounds in tort; and, be it further
    3-6        RESOLVED, That CW Systems, Inc., and the University of
    3-7  Houston System may agree to submit the matter that is the subject
    3-8  of this resolution to binding arbitration; and, be it further
    3-9        RESOLVED, That the provisions of this resolution are not
   3-10  severable, and if any provision of this resolution is finally held
   3-11  to be invalid by a court of competent jurisdiction, the remaining
   3-12  provisions are also invalid and this resolution has no force or
   3-13  effect and no suit is authorized by this resolution; and, be it
   3-14  further
   3-15        RESOLVED, That the chancellor of the University of Houston
   3-16  System be served process as provided by Section 107.002(a)(3),
   3-17  Civil Practice and Remedies Code.
   3-18  ¯BEGCAPTIONÆ
   3-19  Granting CW Systems, Inc., permission to sue the State of Texas and
   3-20  the University of Houston System.
   3-21  ¯ENDCAPTIONÆ