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