By:  Ratliff                                 S.C.R. No. 47

         97S0692/1                           

                            SENATE CONCURRENT RESOLUTION

 1-1           WHEREAS, Dick Corporation alleges that:

 1-2           (1)  in July and August, 1993, it entered into two contracts

 1-3     with the Texas Department of Criminal Justice for the construction

 1-4     of two 2,250 bed prison units at New Boston and Karnes City;

 1-5           (2)  Dick Corporation performed its obligations under the

 1-6     contracts;

 1-7           (3)  the Texas Department of Criminal Justice failed to

 1-8     perform its obligations under the contracts;

 1-9           (4)  the Texas Department of Criminal Justice has caused Dick

1-10     Corporation to make changes in the scope of the contracts to

1-11     correct design problems and errors in the design documents and has

1-12     committed or has caused to be committed certain other errors and

1-13     omissions that have caused Dick Corporation to incur extended

1-14     overhead costs; and

1-15           (5)  Dick Corporation has sustained damages as a result of

1-16     the actions of the Texas Department of Criminal Justice; now,

1-17     therefore, be it

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

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

1-20     Texas Department of Criminal Justice subject to Chapter 107, Civil

1-21     Practice and Remedies Code; and, be it further

1-22           RESOLVED, That the remedies available to Dick Corporation in

1-23     the suit authorized by this resolution are limited to the remedies

1-24     traditionally available for breach of contract, but that Dick

 2-1     Corporation may not recover punitive or exemplary damages resulting

 2-2     from any breach of contract and that this resolution does not

 2-3     authorize suit on any claim that sounds in tort; and, be it further

 2-4           RESOLVED, That Dick Corporation and the Texas Department of

 2-5     Criminal Justice may agree to submit the matter that is the subject

 2-6     of this resolution to binding arbitration; and, be it further

 2-7           RESOLVED, That the executive director of the Texas Department

 2-8     of Criminal Justice be served process as provided by Subdivision

 2-9     (3), Subsection (a), Section 107.002, Civil Practice and Remedies

2-10     Code.