By:  Ratliff                                          S.C.R. No. 33
                            SENATE CONCURRENT RESOLUTION
 1-1           WHEREAS, Gibson Recycling, Inc., alleges that Gibson
 1-2     Recycling, Inc., entered into an agreement with the Texas Natural
 1-3     Resource Conservation Commission under the waste tire recycling
 1-4     program to recycle waste tires; and
 1-5           WHEREAS, Gibson Recycling, Inc., alleges that it performed
 1-6     its obligations under the waste tire recycling program; and
 1-7           WHEREAS, Gibson Recycling, Inc., alleges that the Texas
 1-8     Natural Resource Conservation Commission failed to perform its
 1-9     obligations under the agreement and under the waste tire recycling
1-10     program; and
1-11           WHEREAS, Gibson Recycling, Inc., alleges that the Texas
1-12     Natural Resource Conservation Commission has caused Gibson
1-13     Recycling, Inc., to undergo an audit on its operations under the
1-14     waste tire recycling program; and
1-15           WHEREAS, Gibson Recycling, Inc., alleges that the audit
1-16     division of the Texas Natural Resource Conservation Commission
1-17     purposely manipulated the figures to show that Gibson Recycling,
1-18     Inc., had been overpaid by the Texas Natural Resource Conservation
1-19     Commission, when Gibson Recycling, Inc., alleges it had not been
1-20     overpaid; and
1-21           WHEREAS, Gibson Recycling, Inc., alleges that the Texas
1-22     Natural Resource Conservation Commission has failed to pay Gibson
1-23     Recycling, Inc., $400,000 to which it is lawfully entitled under
1-24     the waste tire recycling program; and
 2-1           WHEREAS,  Gibson Recycling, Inc., alleges that it has
 2-2     sustained damages as a result of the actions of the Texas Natural
 2-3     Resource Conservation  Commission; now, therefore, be it
 2-4           RESOLVED by the Legislature of the State of Texas, That
 2-5     Gibson Recycling, Inc., is granted permission to sue the State of
 2-6     Texas and the Texas Natural Resource Conservation Commission
 2-7     subject to Chapter 107, Civil Practice and Remedies Code; and, be
 2-8     it further
 2-9           RESOLVED, That the remedies available to Gibson Recycling,
2-10     Inc., in the suit authorized by this resolution are limited to the
2-11     remedies traditionally available for breach of contract, but that
2-12     Gibson Recycling, Inc., may not recover punitive or exemplary
2-13     damages resulting from any breach of contract; and, be it further
2-14           RESOLVED, That Gibson Recycling, Inc., and the Texas Natural
2-15     Resource Conservation Commission may agree to submit the matter
2-16     that is the subject of this resolution to binding arbitration; and,
2-17     be it further
2-18           RESOLVED, That the executive director of the Texas Natural
2-19     Resource Conservation Commission be served process as provided by
2-20     Subdivision (3), Subsection (a), Section 107.002, Civil Practice
2-21     and Remedies Code.