74R13530 DLF-D
          By Henderson                                          S.C.R. No. 53
          Substitute the following for S.C.R. No. 53:
          By Zbranek                                        C.S.S.C.R. No. 53
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, John R. Phenix & Associates, Inc., alleges that:
    1-2              (1)  it was promised the award of a contract for the
    1-3  design of an athletic training facility on the University of
    1-4  Houston campus;
    1-5              (2)  as a condition of the award of the contract, it
    1-6  deferred billing for the preparation of conceptual drawings and
    1-7  schematics that were to be used to raise funds for the facility;
    1-8              (3)  it prepared conceptual drawings and schematics and
    1-9  several subsequent redesigns of the structure at a cost of over
   1-10  $80,000 in professional fees;
   1-11              (4)  the university originally awarded it the contract;
   1-12              (5)  at the instigation of a university employee, the
   1-13  university reneged on the contract and awarded it to another
   1-14  architectural firm;
   1-15              (6)  the contract was awarded to the other firm on the
   1-16  basis of a previous relationship with the university employee,
   1-17  rather than on the firm's abilities; and
   1-18              (7)  the university's wrongful breach of contract has
   1-19  cost John R. Phenix & Associates, Inc., a loss of over $80,000 in
   1-20  professional fees; now, therefore, be it
   1-21        RESOLVED by the Legislature of the State of Texas, That John
   1-22  R. Phenix & Associates, Inc., is granted permission to sue the
   1-23  State of Texas and the University of Houston System subject to
   1-24  Chapter 107, Civil Practice and Remedies Code; and, be it further
    2-1        RESOLVED, That the suit authorized by this resolution shall
    2-2  be brought in Harris County, except that if the contract that is
    2-3  the subject of the suit requires that the suit be brought in
    2-4  another county, the suit may be brought in that county; and, be it
    2-5  further
    2-6        RESOLVED, That the total of all damages awarded in the suit
    2-7  authorized by this resolution, including any court costs,
    2-8  attorney's fees, and prejudgment interest awarded under law, may
    2-9  not exceed $100,000, that John R. Phenix & Associates, Inc., may
   2-10  not plead an amount in excess of that amount in a suit authorized
   2-11  by this resolution, and that this is the total amount that may be
   2-12  recovered with respect to the contract that is the subject of this
   2-13  resolution in all actions brought with respect to that contract;
   2-14  and, be it further
   2-15        RESOLVED, That payment of any damages awarded in a suit
   2-16  authorized by this section from the state treasury is subject to
   2-17  appropriation; and, be it further
   2-18        RESOLVED, That it is the intent of the 74th Legislature of
   2-19  the State of Texas that, if any damages are awarded in a suit
   2-20  authorized by this resolution, the damages be paid from money
   2-21  appropriated to or otherwise available to the University of Houston
   2-22  System and that additional money should not be appropriated for the
   2-23  purpose of paying these damages; and, be it further
   2-24        RESOLVED, That the remedies available to John R. Phenix &
   2-25  Associates, Inc., in the suit authorized by this resolution are
   2-26  limited to the remedies traditionally available for breach of
   2-27  contract, except that John R. Phenix & Associates, Inc., may not
    3-1  recover consequential damages resulting from any breach of
    3-2  contract, and that this resolution does not authorize suit on any
    3-3  claim that sounds in tort; and, be it further
    3-4        RESOLVED, That John R. Phenix & Associates, Inc., and the
    3-5  University of Houston System may agree to submit the matter that is
    3-6  the subject of this resolution to binding arbitration; and, be it
    3-7  further
    3-8        RESOLVED, That the provisions of this resolution are not
    3-9  severable, and if any provision of this resolution is finally held
   3-10  to be invalid by a court of competent jurisdiction, the remaining
   3-11  provisions are also invalid and this resolution has no force or
   3-12  effect and no suit is authorized by this resolution; and, be it
   3-13  further
   3-14        RESOLVED, That the chancellor or vice-chancellor of the
   3-15  University of Houston System be served process as provided by
   3-16  Section 107.002(a)(3), Civil Practice and Remedies Code.
   3-17  ¯BEGCAPTIONÆ
   3-18  Granting John R. Phenix & Associates, Inc., permission to sue the
   3-19  state and the University of Houston System.
   3-20  ¯ENDCAPTIONÆ