By Maxey H.C.R. No. 26
75R3161 MDR-D
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 subject to Chapter 107, Civil Practice and
2-1 Remedies Code; and, be it further
2-2 RESOLVED, That the banking commissioner of Texas be served
2-3 process as provided by Section 107.002(a)(3), Civil Practice and
2-4 Remedies Code.