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. 1-45 * * * * *