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.