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.