1-1     By:  Madla                                            S.C.R. No. 71

 1-2           (In the Senate - Filed April 16, 1997; April 18, 1997, read

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

 1-4     reported favorably by the following vote:  Yeas 13, Nays 0;

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

 1-6                        SENATE CONCURRENT RESOLUTION

 1-7           WHEREAS, Mr. Orian R. Gardner alleges that:

 1-8                 (1)  he is the owner of Lots 3 and 4, Block 100 and

 1-9     Lots 11 and 12, Block 106, Millington Addition, Presidio, Texas;

1-10                 (2)  on or about November 10, 1949, the property was

1-11     purchased in error, without his knowledge, by the Texas Department

1-12     of Transportation from a person with no power or right to convey

1-13     such property and has since been used for the construction of F.M.

1-14     170;

1-15                 (3)  the property was acquired by the Texas Department

1-16     of Transportation while he was living in California and he was not

1-17     made aware of the acquisition until his return to Texas in 1990;

1-18                 (4)  he has continuously paid taxes on the property

1-19     from the time it was deeded to him to the present; and

1-20                 (5)  the Texas Department of Transportation initially

1-21     acknowledged his ownership of the property but since has claimed

1-22     that the statute of limitations has run and has refused to offer

1-23     him the compensation rightfully owed to him for the use of his

1-24     property; now, therefore, be it

1-25           RESOLVED by the Legislature of the State of Texas, That Mr.

1-26     Orian R. Gardner is granted permission to sue the State of Texas

1-27     and the Texas Department of Transportation subject to Chapter 107,

1-28     Civil Practice and Remedies Code; and, be it further

1-29           RESOLVED, That payment of any damages awarded in a suit

1-30     authorized by this resolution from the state treasury is subject to

1-31     appropriation; and, be it further

1-32           RESOLVED, That it is the intent of the 75th Legislature of

1-33     the State of Texas that, if any damages are awarded in a suit

1-34     authorized by this resolution, the damages shall be paid from money

1-35     appropriated to or otherwise available to the Texas Department of

1-36     Transportation and that additional money should not be appropriated

1-37     for the purpose of paying such damages; and, be it further

1-38           RESOLVED, That Mr. Orian R. Gardner and the Texas Department

1-39     of Transportation may agree to submit the matter that is the

1-40     subject of this resolution to binding arbitration; and, be it

1-41     further

1-42           RESOLVED, That the provisions of this resolution are not

1-43     severable, and if any provision of this resolution is finally held

1-44     to be invalid by a court of competent jurisdiction, the remaining

1-45     provisions are also invalid and this resolution has no force or

1-46     effect and no suit is authorized by this resolution; and, be it

1-47     further

1-48           RESOLVED, That the executive director of the Texas Department

1-49     of Transportation be served process as provided by Subdivision (3),

1-50     Subsection (a), Section 107.002, Civil Practice and Remedies Code.

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