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.