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.
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