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.
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