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