1-1 By: Henderson S.C.R. No. 53
1-2 (In the Senate - Filed February 15, 1995; February 16, 1995,
1-3 read first time and referred to Committee on Administration;
1-4 April 20, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 20, 1995, sent to printer.)
1-6 SENATE CONCURRENT RESOLUTION
1-7 WHEREAS, John R. Phenix & Associates, Inc., alleges that:
1-8 (1) it was promised the award of a contract for the design
1-9 of an athletic training facility on the University of Houston
1-10 campus;
1-11 (2) as a condition of the award of the contract, it deferred
1-12 billing for the preparation of conceptual drawings and schematics
1-13 that were to be used to raise funds for the facility;
1-14 (3) it prepared conceptual drawings and schematics and
1-15 several subsequent redesigns of the structure at a cost of over
1-16 $80,000 in professional fees;
1-17 (4) the university originally awarded it the contract;
1-18 (5) at the instigation of a university employee, the
1-19 university reneged on the contract and awarded it to another
1-20 architectural firm;
1-21 (6) the contract was awarded to the other firm on the basis
1-22 of a previous relationship with the university employee, rather
1-23 than on the firm's abilities; and
1-24 (7) the university's wrongful breach of contract has cost
2-1 John R. Phenix & Associates, Inc., a loss of over $80,000 in
2-2 professional fees; now, therefore, be it
2-3 RESOLVED by the Legislature of the State of Texas, That John
2-4 R. Phenix & Associates, Inc., be and is hereby granted permission
2-5 to sue the State of Texas and the University of Houston System
2-6 subject to Chapter 107, Civil Practice and Remedies Code; and, be
2-7 it further
2-8 RESOLVED, That the chancellor or vice-chancellor of the
2-9 University of Houston System be served process as provided by
2-10 Subdivision (3), Subsection (a), Section 107.002, Civil Practice
2-11 and Remedies Code.
2-12 * * * * *