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.