Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Hilbert H.C.R. No. 118 HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, Dick Corporation alleges that: 1-2 (1) in July and August, 1993, it entered into two 1-3 contracts with the Texas Department of Criminal Justice for the 1-4 construction of two 2,250 bed prison units at New Boston and Karnes 1-5 City; 1-6 (2) Dick Corporation performed its obligations under 1-7 the contracts; 1-8 (3) the Texas Department of Criminal Justice failed to 1-9 perform its obligations under the contracts; 1-10 (4) the Texas Department of Criminal Justice has 1-11 caused Dick Corporation to make changes in the scope of the 1-12 contracts to correct design problems and errors in the design 1-13 documents and has committed or has caused to be committed certain 1-14 other errors and omissions that has caused Dick Corporation to 1-15 incur extended overhead costs; and 1-16 (5) Dick Corporation has sustained damages as a result 1-17 of the actions of the Texas Department of Criminal Justice; now, 1-18 therefore, be it 1-19 RESOLVED by the Legislature of the State of Texas, That Dick 1-20 Corporation, is granted permission to sue the State of Texas and 1-21 the Texas Department of Criminal Justice subject to Chapter 107, 1-22 Civil Practice and Remedies Code; and, be it further 1-23 RESOLVED, That the remedies available to Dick Corporation in 1-24 the suit authorized by this resolution are limited to the remedies 2-1 traditionally available for breach of contract, but that Dick 2-2 Corporation may not recover punitive or exemplary damages resulting 2-3 from any breach of contract and that this resolution does not 2-4 authorize suit on any claim that sounds in tort; and be it further 2-5 RESOLVED, That Dick Corporation and the Texas Department of 2-6 Criminal Justice may agree to submit the matter that is the subject 2-7 of this resolution to binding arbitration; and be it further 2-8 RESOLVED, That the executive director of the Texas Department 2-9 of Criminal Justice be served process as provided by Section 2-10 107.002(a)(3), Civil Practice and Remedies Code.