SRC-HRD S.C.R. 47 75(R) BILL ANALYSIS Senate Research Center S.C.R. 47 By: Ratliff Finance 4-15-97 As Filed 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. S.C.R. 47 grants the Dick Corporation permission to sue the Texas Department of Criminal Justice. PURPOSE As proposed, S.C.R. 47 submits the following resolutions: That the Dick Corporation is granted permission to sue the State of Texas and the Texas Department of Criminal Justice subject to Chapter 107, Civil Practice and Remedies Code. 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 Dick Corporation and the Texas Department of Criminal Justice may agree to submit the matter that is the subject of this resolution to binding arbitration. 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.