By Yarbrough H.C.R. No. 120 76R8059 SKT-D HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, Larry P. Shepherd alleges that: 1-2 (1) in December 1995, Shepherd and White, a partnership of 1-3 which Larry P. Shepherd is a general partner, entered into an 1-4 agreement with Gibson Recycling, Inc., leasing property owned by 1-5 Shepherd and White for the recycling of waste tires; 1-6 (2) in December 1995, Gibson Recycling, Inc., entered into 1-7 an agreement with the Texas Natural Resource Conservation 1-8 Commission under the waste tire recycling program; 1-9 (3) Gibson Recycling, Inc., failed to maintain the site, and 1-10 on March 19, 1998, the Texas Natural Resource Conservation 1-11 Commission advised Larry P. Shepherd that the commission had closed 1-12 the site and declared the site abandoned; 1-13 (4) on April 20, 1998, the Texas Natural Resource 1-14 Conservation Commission advised Larry P. Shepherd that the state 1-15 would start cleaning up the site not later than July 17, 1998; 1-16 (5) the Texas Natural Resource Conservation Commission has 1-17 failed to clean up the site; and 1-18 (6) Larry P. Shepherd is entitled to the costs incurred in 1-19 the removal and cleanup of the tire chips on the property and legal 1-20 fees incurred; now, therefore, be it 1-21 RESOLVED by the Legislature of the State of Texas, That Larry 1-22 P. Shepherd is granted permission to sue the State of Texas and the 1-23 Texas Natural Resource Conservation Commission subject to Chapter 1-24 107, Civil Practice and Remedies Code; and, be it further 2-1 RESOLVED, That the executive director of the Texas Natural 2-2 Resource Conservation Commission be served process as provided by 2-3 Section 107.002(a)(3), Civil Practice and Remedies Code.