SRC-HRD S.C.R. 71 75(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 71
By: Madla
Finance
4-29-97
As Filed


DIGEST 

Mr. Orian R. Gardner alleges that his property in Presidio, Texas, was
purchased in error on or about November 1, 1949, by the  Texas Department
of Transportation from a person with no power or right to convey such
property, and has since been used for the construction of F.M. 170.  Mr.
Gardner was living in California at the time and was not made aware of the
acquisition until his return to Texas in 1990.  He has continuously paid
taxes on the property from the time it was deeded to him to the present.
The department initially acknowledged his ownership of the property but
has since claimed that the statute of limitations has run and has refused
to offer him compensation rightfully owed to him for the use of his
property.  S.C.R. 71 grants permission to Mr. Gardner to sue the State of
Texas and the Texas Department of Transportation. 

PURPOSE

As proposed, S.C.R. 71 submits the following resolutions:

To grant permission to Mr. Orian R. Gardner to sue the State of Texas and
the Texas Department of Transportation subject to Chapter 107, Civil
Practice and Remedies Code. 

To provide that payment of any damages awarded in a suit authorized by
this resolution from the state treasury is subject to appropriation. 

To provide that it is the intent of the 75th Legislature of the State of
Texas, that, if any damages are awarded in a suit authorized by this
resolution, the damages shall be paid from money appropriated to or
otherwise available to the Texas Department of Transportation and that
additional money should not be appropriated for the purpose of paying such
damages. 

Authorizes Mr. Orian R. Gardner and the Texas Department of Transportation
to agree to submit the matter that is the subject of this resolution to
binding arbitration. 

To provide that the provisions of this resolution are not severable, and
if any provision of this resolution is finally held to be invalid by a
court of competent jurisdiction, the remaining provisions are also invalid
and this resolution has no force or effect and no suit is authorized by
this resolution. 

To provide that the executive director of the Texas Department of
Transportation be served process as provided by Section 107.002(a)(3),
Civil Practice and Remedies Code.