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. 1-41 * * * * *