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.