By Hilbert H.C.R. No. 118 HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, Dick Corporation, formerly known as Dick 1-2 Enterprises, Inc., alleges that: 1-3 (1) in July and September 1993 it entered into two 1-4 contracts with the Texas Department of Criminal Justice for the 1-5 construction of two 2,250-bed prison units at New Boston and Karnes 1-6 City; 1-7 (2) Dick Corporation performed its obligations under 1-8 the contracts; 1-9 (3) the Texas Department of Criminal Justice failed to 1-10 perform its obligations under the contracts; 1-11 (4) the Texas Department of Criminal Justice through 1-12 its actions and inactions has caused Dick Corporation to incur 1-13 additional costs; and 1-14 (5) Dick Corporation has sustained damages as a result 1-15 of the actions and inactions of the Texas Department of Criminal 1-16 Justice; now, therefore, be it 1-17 RESOLVED by the Legislature of the State of Texas, That Dick 1-18 Corporation be granted permission to sue the State of Texas and the 1-19 Texas Department of Criminal Justice in Travis County subject to 1-20 Chapter 107, Civil Practice and Remedies Code, on all claims 1-21 related to the 2,250-bed prison unit at New Boston, in an amount 1-22 not to exceed $10,000,000, including attorney's fees and costs of 1-23 court; and, be it further 1-24 RESOLVED by the Legislature of the State of Texas, That Dick 2-1 Corporation be granted permission to sue the State of Texas and the 2-2 Texas Department of Criminal Justice subject to Chapter 107, Civil 2-3 Practice and Remedies Code, on or after January 1, 1998, in Travis 2-4 County on all claims related to the 2,250-bed prison unit at Karnes 2-5 City in an amount not to exceed $10,000,000, including attorney's 2-6 fees and costs of court; and, be it further 2-7 RESOLVED, That the remedies available to Dick Corporation in 2-8 the suit authorized by this resolution be limited to the remedies 2-9 traditionally available for breach of contract, but that Dick 2-10 Corporation may not recover punitive or exemplary damages resulting 2-11 from any breach of contract and that this resolution does not 2-12 authorize suit on any claim that sounds in tort; and, be it further 2-13 RESOLVED, That the executive director of the Texas Department 2-14 of Criminal Justice be served process as provided by Section 2-15 107.002(a)(3), Civil Practice and Remedies Code.