76R14095 DLF-D                          
         By Ratliff                                            S.C.R. No. 33
         Substitute the following for S.C.R. No. 33:
         By Bosse                                          C.S.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 Texas
1-16     Natural Resource Conservation Commission has failed to pay Gibson
1-17     Recycling, Inc., $400,000 to which it is lawfully entitled under
1-18     the waste tire recycling program; and
1-19           WHEREAS,  Gibson Recycling, Inc., alleges that it has
1-20     sustained damages as a result of the actions of the Texas Natural
1-21     Resource Conservation  Commission; now, therefore, be it
1-22           RESOLVED by the Legislature of the State of Texas, That
1-23     Gibson Recycling, Inc., is granted permission to file a claim
1-24     against the Texas Natural Resource Conservation Commission with the
 2-1     State Office of Administrative Hearings for amounts owed under the
 2-2     agreement to recycle waste tires; and, be it further
 2-3           RESOLVED, That an administrative law judge of the State
 2-4     Office of Administrative Hearings shall hear the claim as a
 2-5     contested case under Chapter 2001, Government Code, and render a
 2-6     written order containing the administrative law judge's findings of
 2-7     facts and recommendations; and, be it further
 2-8           RESOLVED, That the Texas Natural Resource Conservation
 2-9     Commission may assert in the contested case authorized by this
2-10     resolution any counterclaim or offset that the commission claims
2-11     against Gibson Recycling, Inc., with respect to the agreement; and,
2-12     be it further
2-13           RESOLVED, That the Texas Natural Resource Conservation
2-14     Commission shall pay, exclusively from money appropriated for this
2-15     purpose, the claim or any part of the claim if the administrative
2-16     law judge finds, by a preponderance of the evidence, the claim or
2-17     part of the claim is valid under the laws of this state; and, be it
2-18     further
2-19           RESOLVED, That the amount awarded by the administrative law
2-20     judge in a contested case authorized by this resolution may not
2-21     include any amount attributable to consequential damages resulting
2-22     from any breach of contract or punitive or exemplary damages; and,
2-23     be it further
2-24           RESOLVED, That the amount of a claim paid in accordance with
2-25     any order of an administrative law judge may not exceed the balance
2-26     due and owing on the contract price, including any orders for
2-27     additional work, less any amount owed for work not performed under
 3-1     the contract or in substantial compliance with the contract and
 3-2     less the amount of any valid counterclaim or offset asserted by the
 3-3     Texas Natural Resource Conservation Commission; and, be it further
 3-4           RESOLVED, That any act, finding, ruling, or award of an
 3-5     administrative law judge in a contested case authorized under this
 3-6     resolution is not subject to appeal to any court of this state;
 3-7     and, be it further
 3-8           RESOLVED, That the administrative law judge may establish a
 3-9     fee in an amount that allows the State Office of Administrative
3-10     Hearings to recover its costs with respect to the contested case
3-11     authorized by this resolution, and assess the fee against the party
3-12     that does not prevail in the contested case or apportion the fee
3-13     against the parties to the contested case in an equitable manner;
3-14     and, be it further
3-15           RESOLVED, That if legislation is enacted by the 76th
3-16     Legislature under which the State Office of Administrative Hearings
3-17     may hear contract claims against the state, the hearings held by
3-18     the State Office of Administrative Hearings in accordance with this
3-19     resolution shall be held in accordance with that legislation and
3-20     any rules or procedures adopted under that legislation.
3-21      BEGCAPTION 
3-22     Granting Gibson Recycling, Inc., permission to bring a claim
3-23     against the Texas Natural Resource Conservation Commission.
3-24      ENDCAPTION