74R13529 DLF-D
          By Montford                                           S.C.R. No. 93
          Substitute the following for S.C.R. No. 93:
          By Zbranek                                        C.S.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
    1-3  The University of Texas Health Science Center entered into a
    1-4  written contract for the use of the health science center's
    1-5  cyclotron unit by Imagents, Inc., for the purpose of producing
    1-6  radiochemicals;
    1-7              (2)  Imagents, Inc., fulfilled all its obligations
    1-8  under the contract;
    1-9              (3)  the health science center defaulted in the
   1-10  performance of its obligations under its contract with Imagents,
   1-11  Inc.; and
   1-12              (4)  Imagents, Inc., is entitled to compensation for
   1-13  the financial damage suffered as a result of the health science
   1-14  center's default of the contract; now, therefore, be it
   1-15        RESOLVED by the Legislature of the State of Texas, That
   1-16  Imagents, Inc., is granted permission to sue the State of Texas and
   1-17  The University of Texas System subject to Chapter 107, Civil
   1-18  Practice and Remedies Code; and, be it further
   1-19        RESOLVED, That the suit authorized by this resolution shall
   1-20  be brought in Harris County, except that if the contract that is
   1-21  the subject of the suit requires that the suit be brought in
   1-22  another county, the suit may be brought in that county; and, be it
   1-23  further
   1-24        RESOLVED, That the total of all damages awarded in the suit
    2-1  authorized by this resolution, including any court costs,
    2-2  attorney's fees, and prejudgment interest awarded under law, may
    2-3  not exceed $500,000, that Imagents, Inc., may not plead an amount
    2-4  in excess of that amount in a suit authorized by this resolution,
    2-5  and that this is the total amount that may be recovered with
    2-6  respect to the contract that is the subject of this resolution in
    2-7  all actions brought with respect to that contract; and, be it
    2-8  further
    2-9        RESOLVED, That payment of any damages awarded in a suit
   2-10  authorized by this section from the state treasury is subject to
   2-11  appropriation; and, be it further
   2-12        RESOLVED, That it is the intent of the 74th Legislature of
   2-13  the State of Texas that, if any damages are awarded in a suit
   2-14  authorized by this resolution, the damages be paid from money
   2-15  appropriated to or otherwise available to The University of Texas
   2-16  System and that additional money should not be appropriated for the
   2-17  purpose of paying these damages; and, be it further
   2-18        RESOLVED, That the remedies available to Imagents, Inc., in
   2-19  the suit authorized by this resolution are limited to the remedies
   2-20  traditionally available for breach of contract, except that
   2-21  Imagents, Inc., may not recover consequential damages resulting
   2-22  from any breach of contract, and that this resolution does not
   2-23  authorize suit on any claim that sounds in tort; and, be it further
   2-24        RESOLVED, That Imagents, Inc., and The University of Texas
   2-25  System may agree to submit the matter that is the subject of this
   2-26  resolution to binding arbitration; and, be it further
   2-27        RESOLVED, That the provisions of this resolution are not
    3-1  severable, and if any provision of this resolution is finally held
    3-2  to be invalid by a court of competent jurisdiction, the remaining
    3-3  provisions are also invalid and this resolution has no force or
    3-4  effect and no suit is authorized by this resolution; and, be it
    3-5  further
    3-6        RESOLVED, That the chancellor of The University of Texas
    3-7  System be served process as provided by Section 107.002(a)(3),
    3-8  Civil Practice and Remedies Code.
    3-9  ¯BEGCAPTIONÆ
   3-10  Granting Imagents, Inc., permission to sue the state and The
   3-11  University of Texas System.
   3-12  ¯ENDCAPTIONÆ