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.