By Lewis of Orange H.C.R. No. 182 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, Todd Shipyards Corporation alleges that: 1-2 (1) in or around May of 1989, it entered into an 1-3 agreement with the Texas Parks and Wildlife Department to modify an 1-4 existing contract and perform additional work on the restoration of 1-5 the Battleship Texas. 1-6 (2) Todd Shipyards Corporation performed its 1-7 obligations under the terms of the contract modification. 1-8 (4) The Texas Parks and Wildlife Department has caused 1-9 Todd Shipyards Corporation to make changes in the original work 1-10 order for the restoration of the Battleship Texas and despite 1-11 repeated demands for payment by the company, as well as conclusions 1-12 of law and recommendation by the Department's own hearing examiner 1-13 in favor of the company, the Department has failed to make payment 1-14 on those changes as agreed. 1-15 (5) Todd Shipyards Corporation has sustained damages 1-16 as a result of the breach of contract by the Texas Parks and 1-17 Wildlife 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 2-1 RESOLVED, That the remedies available to Todd Shipyards 2-2 Corporation in the suit authorized by this resolution are limited 2-3 to the remedies traditionally available for breach of contract, but 2-4 that Todd Shipyards Corporation may not recover any punitive or 2-5 exemplary damages resulting from any breach of contract and that 2-6 this resolution does not authorize suit on any claim that sounds in 2-7 tort; and be it further 2-8 RESOLVED, That Todd Shipyards Corporation and the Texas Parks 2-9 and Wildlife Department may agree to submit the matter that is the 2-10 subject of this resolution to binding arbitration; and be it 2-11 further 2-12 RESOLVED, That Todd Shipyards Corporation and the Texas Parks 2-13 and Wildlife Department be served process as provided by Section 2-14 107.002(a)(3), Civil Practices and Remedies Code.