74R13524 DLF-D
          By Harris                                            S.C.R. No. 105
          Substitute the following for S.C.R. No. 105:
          By Hilbert                                       C.S.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
    1-8  terms of the contract under the timeline prescribed by the Texas
    1-9  Department of Criminal Justice and according to the designs
   1-10  supplied by the Texas Department of Criminal Justice;
   1-11              (4)  the Texas Department of Criminal Justice has
   1-12  failed to comply with the provisions of the contract and failed to
   1-13  pay Green International money rightfully owed in spite of the fact
   1-14  that Green International had complied with all the conditions of
   1-15  the contract;
   1-16              (5)  Green International is entitled to damages due to
   1-17  the breach of contract by the Texas Department of Criminal Justice;
   1-18  now, therefore, be it
   1-19        RESOLVED by the Legislature of the State of Texas, That Green
   1-20  International is granted permission to sue the State of Texas and
   1-21  the Texas Department of Criminal Justice subject to Chapter 107,
   1-22  Civil Practice and Remedies Code; and, be it further
   1-23        RESOLVED, That the suit authorized by this resolution shall
   1-24  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
   2-26  that Green International may not recover consequential damages
   2-27  resulting from any breach of contract, and that this resolution
    3-1  does not authorize suit on any claim that sounds in tort; and, be
    3-2  it further
    3-3        RESOLVED, That Green International and the Texas Department
    3-4  of Criminal Justice may agree to submit the matter that is the
    3-5  subject of this resolution to binding arbitration; and, be it
    3-6  further
    3-7        RESOLVED, That the provisions of this resolution are not
    3-8  severable, and if any provision of this resolution is finally held
    3-9  to be invalid by a court of competent jurisdiction, the remaining
   3-10  provisions are also invalid and this resolution has no force or
   3-11  effect and no suit is authorized by this resolution; and, be it
   3-12  further
   3-13        RESOLVED, That the executive director of the Texas Department
   3-14  of Criminal Justice be served process as provided by Section
   3-15  107.002(a)(3), Civil Practice and Remedies Code.
   3-16  ¯BEGCAPTIONÆ
   3-17  Granting Green International permission to sue the state.
   3-18  ¯ENDCAPTIONÆ