By:  Nixon                                            S.C.R. No. 18
                            SENATE CONCURRENT RESOLUTION
 1-1           WHEREAS, Anderson Columbia Environmental, Inc., alleges that:
 1-2                 (1)  on September 26, 1995, it entered into a contract
 1-3     with the Texas Natural Resource Conservation Commission for the
 1-4     implementation of Phase B of the Industrial Remediation project for
 1-5     the United Creosoting Superfund Site;
 1-6                 (2)  Anderson Columbia Environmental, Inc., has
 1-7     fulfilled all of its obligations under the contract;
 1-8                 (3)  the Texas Natural Resource Conservation Commission
 1-9     failed to give the proper notice required when terminating the
1-10     contract and has wrongfully withheld payment from Anderson Columbia
1-11     Environmental, Inc.; and
1-12                 (4)  Anderson Columbia Environmental, Inc., is entitled
1-13     to recover compensation for the work performed and to other
1-14     appropriate remedies as provided by the contract, excluding
1-15     exemplary or punitive damages; now, therefore, be it
1-16           RESOLVED by the Legislature of the State of Texas, That
1-17     Anderson Columbia Environmental, Inc., is granted permission to sue
1-18     the State of Texas and the Texas Natural Resource Conservation
1-19     Commission subject to Chapter 107, Civil Practice and Remedies
1-20     Code; and, be it further
1-21           RESOLVED, That the executive director of the Texas Natural
1-22     Resource Conservation Commission be served process as provided by
1-23     Subdivision (3), Subsection (a), Section 107.002, Civil Practice
1-24     and Remedies Code.