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. 1-51 * * * * *