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