76R14093 MDR-D By Maxey H.C.R. No. 127 Substitute the following for H.C.R. No. 127: By Bosse C.S.H.C.R. No. 127 HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, AFEX Corporation alleges that on March 19, 1992, 1-2 AFEX Corporation entered into an agreement with The Texas A&M 1-3 University System and two professors employed by Texas A&M 1-4 University, Dr. Mark Holtzapple and Dr. Richard Davison, and that 1-5 The Texas A&M University System has breached the agreement; now, 1-6 therefore, be it 1-7 RESOLVED by the Legislature of the State of Texas, That AFEX 1-8 Corporation is granted permission to sue the State of Texas and The 1-9 Texas A&M University System subject to Chapter 107, Civil Practice 1-10 and Remedies Code; and, be it further 1-11 RESOLVED, That the suit authorized by this resolution shall 1-12 be brought in Brazos County; and, be it further 1-13 RESOLVED, That the total of all damages awarded in the suit 1-14 authorized by this resolution, including any court costs, 1-15 attorney's fees, and prejudgment interest awarded under law, may 1-16 not exceed $100,000, that AFEX Corporation may not plead an amount 1-17 in excess of that amount in a suit authorized by this resolution, 1-18 and that this is the total amount that may be recovered with 1-19 respect to the agreement that is the subject of this resolution in 1-20 all actions brought with respect to that agreement; and, be it 1-21 further 1-22 RESOLVED, That payment of any damages awarded in a suit 1-23 authorized by this section from the state treasury is subject to 1-24 appropriation; and, be it further 2-1 RESOLVED, That it is the intent of the 76th Legislature of 2-2 the State of Texas that, if any damages are awarded in a suit 2-3 authorized by this resolution, the damages be paid from money 2-4 appropriated to or otherwise available to The Texas A&M University 2-5 System and that additional money should not be appropriated for the 2-6 purpose of paying these damages; and, be it further 2-7 RESOLVED, That the remedies available to AFEX Corporation in 2-8 the suit authorized by this resolution are limited to the remedies 2-9 traditionally available for breach of contract, except that AFEX 2-10 Corporation may not recover consequential or exemplary or punitive 2-11 damages resulting from any breach of contract, and that this 2-12 resolution does not authorize suit on any claim that sounds in 2-13 tort; and, be it further 2-14 RESOLVED, That the chancellor of The Texas A&M University 2-15 System be served process as provided by Section 107.002(a)(3), 2-16 Civil Practice and Remedies Code.