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 suit authorized by this resolution shall
1-22     be brought in Travis County; and, be it further
1-23           RESOLVED, That the total of all damages awarded in the suit
1-24     authorized by this resolution, including any court costs,
 2-1     attorney's fees, and prejudgment interest awarded under law, may
 2-2     not exceed $1.5 million, that Anderson Columbia Environmental,
 2-3     Inc., may not plead an amount in excess of that amount in a suit
 2-4     authorized by this resolution, and that this is the total amount
 2-5     that may be recovered with respect to the contract that is the
 2-6     subject of this resolution in all actions brought with respect to
 2-7     that contract; and, be it further
 2-8           RESOLVED, That the executive director of the Texas Natural
 2-9     Resource Conservation Commission be served process as provided by
2-10     Subdivision (3), Subsection (a), Section 107.002, Civil Practice
2-11     and Remedies Code.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.C.R. No. 18 was adopted by the Senate
         on April 29, 1999; and that the Senate concurred in House amendment
         on May 29, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.C.R. No. 18 was adopted by the House,
         with amendment, on May 26, 1999.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor