76R14096 SKT-D                          
         By Yarbrough                                         H.C.R. No. 120
         Substitute the following for H.C.R. No. 120:
         By Bosse                                         C.S.H.C.R. No. 120
                             HOUSE CONCURRENT RESOLUTION
 1-1           WHEREAS, Larry P. Shepherd alleges that:
 1-2                 (1)  in December 1995, Shepherd and White, a
 1-3     partnership of which Larry P.  Shepherd is a general partner,
 1-4     entered into an agreement with Gibson Recycling, Inc., leasing
 1-5     property owned by Shepherd and White for the recycling of waste
 1-6     tires;
 1-7                 (2)  in December 1995, Gibson Recycling, Inc., entered
 1-8     into an agreement with the Texas Natural Resource Conservation
 1-9     Commission under the waste tire recycling program;
1-10                 (3)  Gibson Recycling, Inc., failed to maintain the
1-11     site, and on March 19, 1998, the Texas Natural Resource
1-12     Conservation Commission advised Larry P. Shepherd that the
1-13     commission had closed the site and declared the site abandoned; and
1-14                 (4)  Larry P. Shepherd is entitled to the costs
1-15     incurred in the removal and cleanup of the tire chips on the
1-16     property and legal fees incurred; now, therefore, be it
1-17           RESOLVED by the Legislature of the State of Texas, That Larry
1-18     P. Shepherd is granted permission to sue the State of Texas and the
1-19     Texas Natural Resource Conservation Commission subject to Chapter
1-20     107, Civil Practice and Remedies Code; and, be it further
1-21           RESOLVED, That the suit authorized by this resolution shall
1-22     be brought in Harris County; and, be it further
1-23           RESOLVED, That the total of all damages awarded in the suit
1-24     authorized by this resolution, including any court costs,
 2-1     attorney's fees, and prejudgment interest awarded under law, may
 2-2     not exceed $250,000, that Larry P. Shepherd may not plead an amount
 2-3     in excess of that amount in a suit authorized by this resolution,
 2-4     and that this is the total amount that may be recovered with
 2-5     respect to the agreement that is the subject of this resolution in
 2-6     all actions brought with respect to that agreement; and, be it
 2-7     further
 2-8           RESOLVED, That payment of any damages awarded in a suit
 2-9     authorized by this resolution from the state treasury is subject to
2-10     appropriation; and, be it further
2-11           RESOLVED, That it is the intent of the 76th Legislature of
2-12     the State of Texas that, if any damages are awarded in a suit
2-13     authorized by this resolution, the damages be paid from money
2-14     appropriated to or otherwise available to the Texas Natural
2-15     Resource Conservation Commission; and, be it further
2-16           RESOLVED, That the remedies available to Larry P. Shepherd in
2-17     the suit authorized by this resolution are limited to the remedies
2-18     traditionally available for breach of contract, except that Larry
2-19     P. Shepherd may not recover exemplary or punitive damages resulting
2-20     from any breach of contract, and that this resolution does not
2-21     authorize suit on any claim that sounds in tort; and, be it further
2-22           RESOLVED, That the executive director of the Texas Natural
2-23     Resource Conservation Commission be served process as provided by
2-24     Section 107.002(a)(3), Civil Practice and Remedies Code.
2-25      BEGCAPTION 
2-26     Granting Larry P. Shepherd permission to sue the state and the
2-27     Texas Natural Resource Conservation Commission.
 3-1      ENDCAPTION