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.