1-1 By: Nixon S.C.R. No. 18 1-2 (In the Senate - Filed January 27, 1999; February 1, 1999, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 April 15, 1999, reported favorably by the following vote: Yeas 3, 1-5 Nays 0; April 15, 1999, sent to printer.) 1-6 SENATE CONCURRENT RESOLUTION 1-7 WHEREAS, Anderson Columbia Environmental, Inc., alleges that: 1-8 (1) on September 26, 1995, it entered into a contract 1-9 with the Texas Natural Resource Conservation Commission for the 1-10 implementation of Phase B of the Industrial Remediation project for 1-11 the United Creosoting Superfund Site; 1-12 (2) Anderson Columbia Environmental, Inc., has 1-13 fulfilled all of its obligations under the contract; 1-14 (3) the Texas Natural Resource Conservation Commission 1-15 failed to give the proper notice required when terminating the 1-16 contract and has wrongfully withheld payment from Anderson Columbia 1-17 Environmental, Inc.; and 1-18 (4) Anderson Columbia Environmental, Inc., is entitled 1-19 to recover compensation for the work performed and to other 1-20 appropriate remedies as provided by the contract, excluding 1-21 exemplary or punitive damages; now, therefore, be it 1-22 RESOLVED by the Legislature of the State of Texas, That 1-23 Anderson Columbia Environmental, Inc., is granted permission to sue 1-24 the State of Texas and the Texas Natural Resource Conservation 1-25 Commission subject to Chapter 107, Civil Practice and Remedies 1-26 Code; and, be it further 1-27 RESOLVED, That the executive director of the Texas Natural 1-28 Resource Conservation Commission be served process as provided by 1-29 Subdivision (3), Subsection (a), Section 107.002, Civil Practice 1-30 and Remedies Code. 1-31 * * * * *