SRC-MAX H.C.R. 118 75(R)    BILL ANALYSIS


Senate Research CenterH.C.R. 118
By: Hilbert (Ratliff)
Finance
5-17-97
Engrossed


DIGEST 

In 1993 the Dick Corporation was selected as general contractor for the
construction of two 2,250bed prison units at New Boston and Karnes City.
Due to several problems which arose with the Texas Department of Criminal
Justice's design plans for construction, the Dick Corporation requested
the appointment of a dispute resolution board, but the agency never
appointed the board. The Dick Corporation completed the project, but has
filed a claim against the Texas Department of Criminal Justice for cost
overruns and time delays.  H.C.R. 118 grants the Dick Corporation
permission to sue the Texas Department of Criminal Justice. 

PURPOSE

As proposed, H.C.R. 118 submits the following resolutions:

That the Dick Corporation is granted permission to sue the State of Texas
and the Texas Department of Criminal Justice in Travis County subject to
Chapter 107, Civil Practice and Remedies Code, on all claims related to
the 2,250-bed prison unit in New Boston, in an amount not to exceed
$10,000,000, including attorney's fees and costs of court. 

That the Dick Corporation be granted the permission to sue the State of
Texas and the Texas Department of Criminal Justice in Travis County
subject to Chapter 107, Civil Practice and Remedies Code, on or after
January 1, 1998, in Travis County on all claims related to the 2,250-bed
prison unit at Karnes City in an amount not to exceed $10,000,000,
including attorney's fees and costs of the court.   

That the remedies available to Dick Corporation in the suit authorized by
this resolution are limited to the remedies traditionally available for
breach of contract, but that Dick Corporation may not recover punitive or
exemplary damages resulting from any breach of contract and that this
resolution does not authorize suit on any claim that sounds in tort. 

That the executive director of the Texas Department of Criminal Justice be
served process as provided by Section 107.002(a)(3), Civil Practice and
Remedies Code.