By Lewis of Orange                                   H.C.R. No. 182

         Substitute the following for H.C.R. No. 182:

         By Hilbert                                       C.S.H.C.R. No. 182

                             HOUSE CONCURRENT RESOLUTION

 1-1           WHEREAS, Todd Shipyards Corporation alleges that:

 1-2           (1)  in or around May of 1989, it entered into an agreement

 1-3     with the Texas Parks and Wildlife Department to modify an existing

 1-4     contract and perform additional work on the restoration of the

 1-5     Battleship Texas.

 1-6           (2)  Todd Shipyards Corporation performed its obligations

 1-7     under the terms of the contract modification.

 1-8           (3)  The Texas Parks and Wildlife Department has caused Todd

 1-9     Shipyards Corporation to make changes in the original work order

1-10     for the restoration of the Battleship Texas and despite repeated

1-11     demands for payment by the company, as well as conclusions of law

1-12     and recommendation by the Department's own hearing examiner in

1-13     favor of the company, the Department has failed to make payment on

1-14     those changes as agreed.

1-15           (4)  Todd Shipyards Corporation has sustained damages as a

1-16     result of the breach of contract by the Texas Parks and Wildlife

1-17     Department; now therefore be it

1-18           RESOLVED by the Legislature of the State of Texas, That Todd

1-19     Shipyards Corporation is granted permission to sue the State of

1-20     Texas and the Texas Parks and Wildlife Department subject to

1-21     Chapter 107, Civil Practices and Remedies Code; and be it further

1-22           RESOLVED, That the remedies available to Todd Shipyards

1-23     Corporation in the suit authorized by this resolution are limited

1-24     to the remedies traditionally available for breach of contract, but

 2-1     that Todd Shipyards Corporation may not recover any punitive or

 2-2     exemplary damages resulting from any breach of contract and that

 2-3     this resolution does not authorize suit on any claim that sounds in

 2-4     tort; and be it further

 2-5           RESOLVED, That Todd Shipyards Corporation and the Texas Parks

 2-6     and Wildlife Department may agree to submit the matter that is the

 2-7     subject of this resolution to binding arbitration; and be it

 2-8     further

 2-9           RESOLVED, That Todd Shipyards Corporation and the Texas Parks

2-10     and Wildlife Department be served process as provided by Section

2-11     107.002(a)(3), Civil Practices and Remedies Code.