S.C.R. No. 105
SENATE CONCURRENT RESOLUTION
1-1 WHEREAS, Green International alleges that:
1-2 (1) in the months of July and August, 1988, and January,
1-3 1989, it entered into contracts with the Texas Department of
1-4 Criminal Justice;
1-5 (2) under the contracts it was to construct prisons at
1-6 Snyder, Dayton, and Woodville, Texas;
1-7 (3) it worked in good faith to comply with all the terms of
1-8 the contract under the timeline prescribed by the Texas Department
1-9 of Criminal Justice and according to the designs supplied by the
1-10 Texas Department of Criminal Justice;
1-11 (4) the Texas Department of Criminal Justice has failed to
1-12 comply with the provisions of the contract and failed to pay Green
1-13 International money rightfully owed in spite of the fact that Green
1-14 International had complied with all the conditions of the contract;
1-15 (5) Green International is entitled to damages due to the
1-16 breach of contract by the Texas Department of Criminal Justice;
1-17 now, therefore, be it
1-18 RESOLVED by the Legislature of the State of Texas, That Green
1-19 International is granted permission to sue the State of Texas and
1-20 the Texas Department of Criminal Justice subject to Chapter 107,
1-21 Civil Practice and Remedies Code; and, be it further
1-22 RESOLVED, That the suit authorized by this resolution shall
1-23 be brought in Travis County, except that if each contract that is
2-1 the subject of the suit requires that the suit be brought in
2-2 another county, the suit may be brought in that county; and, be it
2-3 further
2-4 RESOLVED, That the total of all damages awarded in the suit
2-5 authorized by this resolution, including any court costs,
2-6 attorney's fees, and prejudgment interest awarded under law, may
2-7 not exceed $2.5 million, that Green International may not plead an
2-8 amount in excess of that amount in a suit authorized by this
2-9 resolution, and that this is the total amount that may be recovered
2-10 with respect to the contracts that are the subject of this
2-11 resolution in all actions brought with respect to those contracts;
2-12 and, be it further
2-13 RESOLVED, That payment of any damages awarded in a suit
2-14 authorized by this section from the state treasury is subject to
2-15 appropriation; and, be it further
2-16 RESOLVED, That it is the intent of the 74th Legislature of
2-17 the State of Texas that, if any damages are awarded in a suit
2-18 authorized by this resolution, the damages be paid from money
2-19 appropriated to or otherwise available to the Texas Department of
2-20 Criminal Justice and that additional money should not be
2-21 appropriated for the purpose of paying these damages; and, be it
2-22 further
2-23 RESOLVED, That the remedies available to Green International
2-24 in the suit authorized by this resolution are limited to the
2-25 remedies traditionally available for breach of contract, except
3-1 that Green International may not recover consequential damages
3-2 resulting from any breach of contract, and that this resolution
3-3 does not authorize suit on any claim that sounds in tort; and, be
3-4 it further
3-5 RESOLVED, That Green International and the Texas Department
3-6 of Criminal Justice may agree to submit the matter that is the
3-7 subject of this resolution to binding arbitration; and, be it
3-8 further
3-9 RESOLVED, That the provisions of this resolution are not
3-10 severable, and if any provision of this resolution is finally held
3-11 to be invalid by a court of competent jurisdiction, the remaining
3-12 provisions are also invalid and this resolution has no force or
3-13 effect and no suit is authorized by this resolution; and, be it
3-14 further
3-15 RESOLVED, That the executive director of the Texas Department
3-16 of Criminal Justice be served process as provided by Subdivision
3-17 (3), Subsection (a), Section 107.002, Civil Practice and Remedies
3-18 Code.