1-1 By: Ratliff S.C.R. No. 33 1-2 (In the Senate - Filed February 18, 1999; February 22, 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, Gibson Recycling, Inc., alleges that Gibson 1-8 Recycling, Inc., entered into an agreement with the Texas Natural 1-9 Resource Conservation Commission under the waste tire recycling 1-10 program to recycle waste tires; and 1-11 WHEREAS, Gibson Recycling, Inc., alleges that it performed 1-12 its obligations under the waste tire recycling program; and 1-13 WHEREAS, Gibson Recycling, Inc., alleges that the Texas 1-14 Natural Resource Conservation Commission failed to perform its 1-15 obligations under the agreement and under the waste tire recycling 1-16 program; and 1-17 WHEREAS, Gibson Recycling, Inc., alleges that the Texas 1-18 Natural Resource Conservation Commission has caused Gibson 1-19 Recycling, Inc., to undergo an audit on its operations under the 1-20 waste tire recycling program; and 1-21 WHEREAS, Gibson Recycling, Inc., alleges that the audit 1-22 division of the Texas Natural Resource Conservation Commission 1-23 purposely manipulated the figures to show that Gibson Recycling, 1-24 Inc., had been overpaid by the Texas Natural Resource Conservation 1-25 Commission, when Gibson Recycling, Inc., alleges it had not been 1-26 overpaid; and 1-27 WHEREAS, Gibson Recycling, Inc., alleges that the Texas 1-28 Natural Resource Conservation Commission has failed to pay Gibson 1-29 Recycling, Inc., $400,000 to which it is lawfully entitled under 1-30 the waste tire recycling program; and 1-31 WHEREAS, Gibson Recycling, Inc., alleges that it has 1-32 sustained damages as a result of the actions of the Texas Natural 1-33 Resource Conservation Commission; now, therefore, be it 1-34 RESOLVED by the Legislature of the State of Texas, That 1-35 Gibson Recycling, Inc., is granted permission to sue the State of 1-36 Texas and the Texas Natural Resource Conservation Commission 1-37 subject to Chapter 107, Civil Practice and Remedies Code; and, be 1-38 it further 1-39 RESOLVED, That the remedies available to Gibson Recycling, 1-40 Inc., in the suit authorized by this resolution are limited to the 1-41 remedies traditionally available for breach of contract, but that 1-42 Gibson Recycling, Inc., may not recover punitive or exemplary 1-43 damages resulting from any breach of contract; and, be it further 1-44 RESOLVED, That Gibson Recycling, Inc., and the Texas Natural 1-45 Resource Conservation Commission may agree to submit the matter 1-46 that is the subject of this resolution to binding arbitration; and, 1-47 be it further 1-48 RESOLVED, That the executive director of the Texas Natural 1-49 Resource Conservation Commission be served process as provided by 1-50 Subdivision (3), Subsection (a), Section 107.002, Civil Practice 1-51 and Remedies Code. 1-52 * * * * *