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. 1-46 * * * * *