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.