SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, DalMac Construction Company, Inc., alleges that on 1-2 February 15, 1993, DalMac Construction Company and Texas A&M 1-3 University entered into a contract for the construction of a 1-4 recreational sports building and that the university has breached 1-5 the contract; now, therefore, be it 1-6 RESOLVED by the Legislature of the State of Texas, That 1-7 DalMac Construction Company, Inc., is granted permission to file a 1-8 claim against Texas A&M University with the State Office of 1-9 Administrative Hearings for breach of contract for such amounts as 1-10 are owed under the contract for construction of the recreational 1-11 sports building; and, be it further 1-12 RESOLVED, That an administrative law judge of the State 1-13 Office of Administrative Hearings shall hear the claim as a 1-14 contested case under Chapter 2001, Government Code, and render a 1-15 written order containing the administrative law judge's findings of 1-16 facts and recommendations; and, be it further 1-17 RESOLVED, That Texas A&M University may assert in the 1-18 contested case authorized by this resolution any counterclaim or 1-19 offset that the university claims against DalMac Construction 1-20 Company, Inc., with respect to the contract; and, be it further 1-21 RESOLVED, That Texas A&M University shall pay, exclusively 1-22 from money appropriated for this purpose, the claim or any part of 1-23 the claim if the administrative law judge finds, by a preponderance 1-24 of the evidence, the claim or part of the claim is valid under the 2-1 laws of this state; and, be it further 2-2 RESOLVED, That the amount awarded by the administrative law 2-3 judge in a contested case authorized by this resolution may not 2-4 include any amount attributable to consequential damages resulting 2-5 from any breach of contract, punitive or exemplary damages, or 2-6 attorney's fees; and, be it further 2-7 RESOLVED, That the amount of a claim paid in accordance with 2-8 any order of an administrative law judge may not exceed the balance 2-9 due and owing on the contract, including any orders for additional 2-10 work, less any amount owed for work not performed under the 2-11 contract or in substantial compliance with the contract and less 2-12 any valid counterclaim or offset asserted by Texas A&M University, 2-13 but that in any event the amount paid may not exceed $3 million; 2-14 and, be it further 2-15 RESOLVED, That any act, finding, ruling, or award of an 2-16 administrative law judge in a contested case authorized under this 2-17 resolution is not subject to appeal to any court of this state; 2-18 and, be it further 2-19 RESOLVED, That an administrative law judge may establish a 2-20 fee in an amount that allows the State Office of Administrative 2-21 Hearings to recover its costs with respect to the contested case 2-22 authorized by this resolution and assess the fee against the party 2-23 that does not prevail in the contested case or apportion the fee 2-24 against the parties to the contested case in an equitable manner; 2-25 and, be it further 2-26 RESOLVED, That if legislation is enacted by the 76th 3-1 Legislature under which the State Office of Administrative Hearings 3-2 may hear contract claims against the state, the hearings held by 3-3 the State Office of Administrative Hearings in accordance with this 3-4 resolution shall be held in accordance with that legislation and 3-5 any rules or procedures adopted under that legislation. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.C.R. No. 24 was adopted by the Senate on March 23, 1999; and that the Senate concurred in House amendment on May 28, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.C.R. No. 24 was adopted by the House, with amendment, on May 26, 1999. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor