1-1     By:  Maxey (Senate Sponsor - Ratliff)                 H.C.R. No. 26

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Finance;

 1-4     May 18, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; May 18, 1997, sent to printer.)

 1-6                         HOUSE CONCURRENT RESOLUTION

 1-7           WHEREAS, The Burnett Companies, doing business as Burnett

 1-8     Personnel Services, alleges that:

 1-9                 (1)  it entered into a contract with the Texas

1-10     Department of Banking and provided employees to the department on a

1-11     temporary basis;

1-12                 (2)  on or about October 10, 1994, the department

1-13     signed an indemnity agreement under which the department agreed to

1-14     indemnify, defend, and hold harmless The Burnett Companies from all

1-15     cost, loss, expense, damages, claims, suits, or liability resulting

1-16     from injury, including death to a person or damage to property,

1-17     while an employee of The Burnett Companies was operating a

1-18     department vehicle;

1-19                 (3)  on or about November 9, 1994, Cedric Tasby, an

1-20     employee of The Burnett Companies, was involved in an accident

1-21     while operating a department vehicle; and

1-22                 (4)  the department has failed to reimburse The Burnett

1-23     Companies for expenses and damages incurred as a result of the

1-24     accident, and The Burnett Companies is entitled to monetary

1-25     damages, including court costs and attorney's fees; now, therefore,

1-26     be it

1-27           RESOLVED by the Legislature of the State of Texas, That The

1-28     Burnett Companies, doing business as Burnett Personnel Services, is

1-29     granted permission to sue the State of Texas and the Texas

1-30     Department of Banking on all claims related to the indemnity

1-31     agreement and the accident involving Cedric Tasby that occurred on

1-32     November 9, 1994, subject to Chapter 107, Civil Practice and

1-33     Remedies Code; and, be it further

1-34           RESOLVED, That the suit authorized by this resolution shall

1-35     be brought in Travis County; and, be it further

1-36           RESOLVED, That the total of all damages awarded in the suit

1-37     authorized by this resolution, including any court costs,

1-38     attorney's fees, and prejudgment interest awarded under law, may

1-39     not exceed $16,000, and that The Burnett Companies may not plead an

1-40     amount in excess of that amount in a suit authorized by this

1-41     resolution; and, be it further

1-42           RESOLVED, That the banking commissioner of Texas  be served

1-43     process as provided by Section 107.002(a)(3), Civil Practice and

1-44     Remedies Code.

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