By Hilbert                                           H.C.R. No. 118

         Substitute the following for H.C.R. No. 118:

         By Zbranek                                       C.S.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, is granted permission to sue the State of Texas and

1-19     the Texas Department of Criminal Justice in Travis County subject

1-20     to 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 and, be it further;

1-23           RESOLVED, by the Legislature of the State of Texas, That Dick

1-24     Corporation is granted permission to sue the State of Texas and

 2-1     Texas Department of Criminal Justice subject to Chapter 107, Civil

 2-2     Practice and Remedies Code on or after January 1, 1998, in Travis

 2-3     County on all claims related to the 2,250 bed prison unit at Karnes

 2-4     City in an amount not to exceed $10,000,000, and be it further

 2-5           RESOLVED, That the remedies available to Dick Corporation in

 2-6     the suit authorized by this resolution are limited to the remedies

 2-7     traditionally available for breach of contract, but that Dick

 2-8     Corporation may not recover punitive or exemplary damages resulting

 2-9     from any breach of contract and that this resolution does not

2-10     authorize suit on any claim that sounds in tort; and be it further

2-11           RESOLVED, That the executive director of the Texas Department

2-12     of Criminal Justice be served process as provided by Section

2-13     107.002(a)(3), Civil Practices and Remedies Code.