By Lindsay S.C.R. No. 8
76R4058 MDR-D
CONCURRENT RESOLUTION
1-1 WHEREAS, ARAMARK Sports and Entertainment Services of Texas,
1-2 Inc., formerly doing business as Araserve Campus Dining Services of
1-3 Texas, Inc., alleges that:
1-4 (1) it entered into an agreement with Texas Southern
1-5 University in 1981 to provide food and beverages, as well as other
1-6 products and services;
1-7 (2) it sold and delivered certain goods and services under
1-8 the agreement on numerous occasions from November 24, 1989, to
1-9 August 23, 1991; and
1-10 (3) on or about November 3, 1993, it filed a lawsuit against
1-11 Texas Southern University because Texas Southern University failed
1-12 to remit certain principal and interest payments due under the
1-13 terms of the 1981 agreement, as amended; now, therefore, be it
1-14 RESOLVED by the Legislature of the State of Texas, That
1-15 ARAMARK Sports and Entertainment Services of Texas, Inc., is
1-16 granted permission to sue the State of Texas and Texas Southern
1-17 University subject to Chapter 107, Civil Practice and Remedies
1-18 Code; and, be it further
1-19 RESOLVED, That the suit authorized by this resolution shall
1-20 be brought in Harris County, except that if the contract that is
1-21 the subject of the suit requires that the suit be brought in
1-22 another county, the suit may be brought in that county; and, be it
1-23 further
1-24 RESOLVED, That the total of all damages awarded in the suit
2-1 authorized by this resolution, including any court costs,
2-2 attorney's fees, and prejudgment interest awarded under law, may
2-3 not exceed $400,000, that ARAMARK Sports and Entertainment Services
2-4 of Texas, Inc., may not plead an amount in excess of that amount in
2-5 a suit authorized by this resolution, and that this is the total
2-6 amount that may be recovered with respect to the contract that is
2-7 the subject of this resolution in all actions brought with respect
2-8 to that contract; and, be it further
2-9 RESOLVED, That payment of any damages awarded in a suit
2-10 authorized by this resolution from the state treasury is subject to
2-11 appropriation; and, be it further
2-12 RESOLVED, That it is the intent of the 76th Legislature of
2-13 the State of Texas that, if any damages are awarded in a suit
2-14 authorized by this resolution, the damages be paid from money
2-15 appropriated to or otherwise available to Texas Southern University
2-16 and that additional money should not be appropriated for the
2-17 purpose of paying those damages; and, be it further
2-18 RESOLVED, That the remedies available to ARAMARK Sports and
2-19 Entertainment Services of Texas, Inc., in the suit authorized by
2-20 this resolution are limited to the remedies traditionally available
2-21 for breach of contract and quasi-contract, except that ARAMARK
2-22 Sports and Entertainment Services of Texas, Inc., may not recover
2-23 consequential damages resulting from any breach of contract, and
2-24 that this resolution does not authorize suit on any claim that
2-25 sounds in tort; and, be it further
2-26 RESOLVED, That ARAMARK Sports and Entertainment Services of
2-27 Texas, Inc., and Texas Southern University may agree to submit the
3-1 matter that is the subject of this resolution to binding
3-2 arbitration; and, be it further
3-3 RESOLVED, That none of the court records, pleadings, motions,
3-4 or discovery related to the suit authorized by this resolution may
3-5 be sealed by the court or the parties from public inspection; and,
3-6 be it further
3-7 RESOLVED, That the provisions of this resolution are not
3-8 severable, and if any provision of this resolution is finally held
3-9 to be invalid by a court of competent jurisdiction, the remaining
3-10 provisions are also invalid and this resolution has no force or
3-11 effect and no suit is authorized by this resolution; and, be it
3-12 further
3-13 RESOLVED, That the president of Texas Southern University be
3-14 served process as provided by Section 107.002(a)(3), Civil Practice
3-15 and Remedies Code.