By Maxey H.C.R. No. 26 HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, The Burnett Companies, doing business as Burnett 1-2 Personnel Services, alleges that: 1-3 (1) it entered into a contract with the Texas 1-4 Department of Banking and provided employees to the department on a 1-5 temporary basis; 1-6 (2) on or about October 10, 1994, the department 1-7 signed an indemnity agreement under which the department agreed to 1-8 indemnify, defend, and hold harmless The Burnett Companies from all 1-9 cost, loss, expense, damages, claims, suits, or liability resulting 1-10 from injury, including death to a person or damage to property, 1-11 while an employee of The Burnett Companies was operating a 1-12 department vehicle; 1-13 (3) on or about November 9, 1994, Cedric Tasby, an 1-14 employee of The Burnett Companies, was involved in an accident 1-15 while operating a department vehicle; and 1-16 (4) the department has failed to reimburse The Burnett 1-17 Companies for expenses and damages incurred as a result of the 1-18 accident, and The Burnett Companies is entitled to monetary 1-19 damages, including court costs and attorney's fees; now, therefore, 1-20 be it 1-21 RESOLVED by the Legislature of the State of Texas, That The 1-22 Burnett Companies, doing business as Burnett Personnel Services, is 1-23 granted permission to sue the State of Texas and the Texas 1-24 Department of Banking on all claims related to the indemnity 2-1 agreement and the accident involving Cedric Tasby that occurred on 2-2 November 9, 1994, subject to Chapter 107, Civil Practice and 2-3 Remedies Code; and, be it further 2-4 RESOLVED, That the suit authorized by this resolution shall 2-5 be brought in Travis County; and, be it further 2-6 RESOLVED, That the total of all damages awarded in the suit 2-7 authorized by this resolution, including any court costs, 2-8 attorney's fees, and prejudgment interest awarded under law, may 2-9 not exceed $16,000, and that The Burnett Companies may not plead an 2-10 amount in excess of that amount in a suit authorized by this 2-11 resolution; and, be it further 2-12 RESOLVED, That the banking commissioner of Texas be served 2-13 process as provided by Section 107.002(a)(3), Civil Practice and 2-14 Remedies Code.