1-1     By:  Ratliff                                          S.C.R. No. 47

 1-2           (In the Senate - Filed March 11, 1997; March 13, 1997, read

 1-3     first time and referred to Committee on Finance; April 18, 1997,

 1-4     reported favorably by the following vote:  Yeas 11, Nays 0;

 1-5     April 18, 1997, sent to printer.)

 1-6                        SENATE CONCURRENT RESOLUTION

 1-7           WHEREAS, Dick Corporation alleges that:

 1-8           (1)  in July and August, 1993, it entered into two contracts

 1-9     with the Texas Department of Criminal Justice for the construction

1-10     of two 2,250 bed prison units at New Boston and Karnes City;

1-11           (2)  Dick Corporation performed its obligations under the

1-12     contracts;

1-13           (3)  the Texas Department of Criminal Justice failed to

1-14     perform its obligations under the contracts;

1-15           (4)  the Texas Department of Criminal Justice has caused Dick

1-16     Corporation to make changes in the scope of the contracts to

1-17     correct design problems and errors in the design documents and has

1-18     committed or has caused to be committed certain other errors and

1-19     omissions that have caused Dick Corporation to incur extended

1-20     overhead costs; and

1-21           (5)  Dick Corporation has sustained damages as a result of

1-22     the actions of the Texas Department of Criminal Justice; now,

1-23     therefore, be it

1-24           RESOLVED by the Legislature of the State of Texas, That Dick

1-25     Corporation is granted permission to sue the State of Texas and the

1-26     Texas Department of Criminal Justice subject to Chapter 107, Civil

1-27     Practice and Remedies Code; and, be it further

1-28           RESOLVED, That the remedies available to Dick Corporation in

1-29     the suit authorized by this resolution are limited to the remedies

1-30     traditionally available for breach of contract, but that Dick

1-31     Corporation may not recover punitive or exemplary damages resulting

1-32     from any breach of contract and that this resolution does not

1-33     authorize suit on any claim that sounds in tort; and, be it further

1-34           RESOLVED, That Dick Corporation and the Texas Department of

1-35     Criminal Justice may agree to submit the matter that is the subject

1-36     of this resolution to binding arbitration; and, be it further

1-37           RESOLVED, That the executive director of the Texas Department

1-38     of Criminal Justice be served process as provided by Subdivision

1-39     (3), Subsection (a), Section 107.002, Civil Practice and Remedies

1-40     Code.

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