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