By Nixon S.C.R. No. 18 76R4528 MDR-D 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 1-5 for 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 1-11 Columbia 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 Section 107.002(a)(3), Civil Practice and Remedies Code.