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