1-1     By:  Hilbert (Senate Sponsor - Ratliff)              H.C.R. No. 118

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Finance;

 1-4     May 18, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; May 18, 1997, sent to printer.)

 1-6                         HOUSE CONCURRENT RESOLUTION

 1-7           WHEREAS, Dick Corporation, formerly known as Dick

 1-8     Enterprises, Inc., alleges that:

 1-9                 (1)  in July and September 1993 it entered into two

1-10     contracts with the Texas Department of Criminal Justice for the

1-11     construction of two 2,250-bed prison units at New Boston and Karnes

1-12     City;

1-13                 (2)  Dick Corporation performed its obligations under

1-14     the contracts;

1-15                 (3)  the Texas Department of Criminal Justice failed to

1-16     perform its obligations under the contracts;

1-17                 (4)  the Texas Department of Criminal Justice through

1-18     its actions and inactions has caused Dick Corporation to incur

1-19     additional costs; and

1-20                 (5)  Dick Corporation has sustained damages as a result

1-21     of the actions and inactions of the Texas Department of Criminal

1-22     Justice; now, therefore, be it

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

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

1-25     Texas Department of Criminal Justice in Travis County subject to

1-26     Chapter 107, Civil Practice and Remedies Code, on all claims

1-27     related to the 2,250-bed prison unit at New Boston, in an amount

1-28     not to exceed $10,000,000, including attorney's fees and costs of

1-29     court; and, be it further

1-30           RESOLVED by the Legislature of the State of Texas, That Dick

1-31     Corporation be granted permission to sue the State of Texas and the

1-32     Texas Department of Criminal Justice subject to Chapter 107, Civil

1-33     Practice and Remedies Code, on or after January 1, 1998, in Travis

1-34     County on all claims related to the 2,250-bed prison unit at Karnes

1-35     City in an amount not to exceed $10,000,000, including attorney's

1-36     fees and costs of court; and, be it further

1-37           RESOLVED, That the remedies available to Dick Corporation in

1-38     the suit authorized by this resolution be limited to the remedies

1-39     traditionally available for breach of contract, but that Dick

1-40     Corporation may not recover punitive or exemplary damages resulting

1-41     from any breach of contract and that this resolution does not

1-42     authorize suit on any claim that sounds in tort; and, be it further

1-43           RESOLVED, That the executive director of the Texas Department

1-44     of Criminal Justice be served process as provided by Section

1-45     107.002(a)(3), Civil Practice and Remedies Code.

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