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.