S.C.R. No. 93
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, Imagents, Inc., alleges that:
    1-2        (1)  on or about September 9, 1987, Imagents, Inc., and The
    1-3  University of Texas Health Science Center entered into a written
    1-4  contract for the use of the health science center's cyclotron unit
    1-5  by Imagents, Inc., for the purpose of producing radiochemicals;
    1-6        (2)  Imagents, Inc., fulfilled all its obligations under the
    1-7  contract;
    1-8        (3)  the health science center defaulted in the performance
    1-9  of its obligations under its contract with Imagents, Inc.; and
   1-10        (4)  Imagents, Inc., is entitled to compensation for the
   1-11  financial damage suffered as a result of the health science
   1-12  center's default of the contract; now, therefore, be it
   1-13        RESOLVED by the Legislature of the State of Texas, That
   1-14  Imagents, Inc., is granted permission to sue the State of Texas and
   1-15  The University of Texas System subject to Chapter 107, Civil
   1-16  Practice and Remedies Code; and, be it further
   1-17        RESOLVED, That the suit authorized by this resolution shall
   1-18  be brought in Harris County, except that if the contract that is
   1-19  the subject of the suit requires that the suit be brought in
   1-20  another county, the suit may be brought in that county; and, be it
   1-21  further
   1-22        RESOLVED, That the total of all damages awarded in the suit
   1-23  authorized by this resolution, including any court costs,
   1-24  attorney's fees, and prejudgment interest awarded under law, may
    2-1  not exceed $500,000, that Imagents, Inc., may not plead an amount
    2-2  in excess of that amount in a suit authorized by this resolution,
    2-3  and that this is the total amount that may be recovered with
    2-4  respect to the contract that is the subject of this resolution in
    2-5  all actions brought with respect to that contract; and, be it
    2-6  further
    2-7        RESOLVED, That payment of any damages awarded in a suit
    2-8  authorized by this section from the state treasury is subject to
    2-9  appropriation; and, be it further
   2-10        RESOLVED, That it is the intent of the 74th Legislature of
   2-11  the State of Texas that, if any damages are awarded in a suit
   2-12  authorized by this resolution, the damages be paid from money
   2-13  appropriated to or otherwise available to The University of Texas
   2-14  System and that additional money should not be appropriated for the
   2-15  purpose of paying these damages; and, be it further
   2-16        RESOLVED, That the remedies available to Imagents, Inc., in
   2-17  the suit authorized by this resolution are limited to the remedies
   2-18  traditionally available for breach of contract, except that
   2-19  Imagents, Inc., may not recover consequential damages resulting
   2-20  from any breach of contract, and that this resolution does not
   2-21  authorize suit on any claim that sounds in tort; and, be it further
   2-22        RESOLVED, That Imagents, Inc., and The University of Texas
   2-23  System may agree to submit the matter that is the subject of this
   2-24  resolution to binding arbitration; and, be it further
   2-25        RESOLVED, That the provisions of this resolution are not
   2-26  severable, and if any provision of this resolution is finally held
   2-27  to be invalid by a court of competent jurisdiction, the remaining
    3-1  provisions are also invalid and this resolution has no force or
    3-2  effect and no suit is authorized by this resolution; and, be it
    3-3  further
    3-4        RESOLVED, That the chancellor of The University of Texas
    3-5  System be served process as provided by Subdivision (3), Subsection
    3-6  (a), Section 107.002, Civil Practice and Remedies Code.