By: Ratliff S.C.R. No. 72 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, Dean Lumber Company, Inc., alleges that the Texas 1-2 Natural Resource Conservation Commission has engaged in predatory, 1-3 malicious, and unfair practices in the enforcement of commission 1-4 rules and regulations that have resulted in economic damages to 1-5 Dean Lumber Company, Inc.; and 1-6 WHEREAS, Dean Lumber Company, Inc., alleges that it has 1-7 always strived to maintain compliance with the rules and 1-8 regulations of the Texas Natural Resource Conservation Commission, 1-9 devoting substantial time and expense to that pursuit; and 1-10 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 1-11 when it was notified by the Texas Natural Resource Conservation 1-12 Commission of the commission's upcoming inspection of the company's 1-13 facilities, the Texas Natural Resource Conservation Commission 1-14 refused the company's request to schedule the inspection at a 1-15 mutually convenient date; and 1-16 WHEREAS, Dean Lumber Company, Inc., alleges that the refusal 1-17 to schedule the inspection as requested resulted in the loss of 10 1-18 days of production; and 1-19 WHEREAS, Dean Lumber Company, Inc., alleges that the loss of 1-20 production resulted in the loss of customers, who were frustrated 1-21 by the company's lagging production; and 1-22 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 1-23 the Texas Natural Resource Conservation Commission has enacted 1-24 rules and regulations with which it is technically and practically 2-1 impossible to comply and which the Texas Natural Resource 2-2 Conservation Commission has arbitrarily and capriciously enforced 2-3 against the company; and 2-4 WHEREAS, Dean Lumber Company, Inc., alleges that the 2-5 arbitrary and capricious enforcement of the rules and regulations 2-6 has resulted in the company spending thousands of dollars defending 2-7 itself from the imposition of unfair and factually unwarranted 2-8 penalties by the Texas Natural Resource Conservation Commission; 2-9 and 2-10 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 2-11 the Texas Natural Resource Conservation Commission intentionally 2-12 and knowingly published or caused to be published false information 2-13 regarding the emission levels of arsenic and chromium from the 2-14 company's facility, which reflected a much higher emission level 2-15 than was accurate; and 2-16 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 2-17 as a result of the arbitrary and capricious enforcement practices 2-18 of the Texas Natural Resource Conservation Commission, as well as 2-19 the publication of false information regarding emission levels of 2-20 arsenic and chromium, the company has been targeted for potential 2-21 toxic tort lawsuits, and this has caused the company to spend 2-22 thousands of dollars defending itself from these frivolous 2-23 lawsuits; and 2-24 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 2-25 once it was notified of possible noncompliance with the rules and 2-26 regulations, it petitioned the Texas Natural Resource Conservation 3-1 Commission to join the commission's voluntary compliance program 3-2 but was denied solely because it was being targeted for possible 3-3 sanctions by the Texas Natural Resource Conservation Commission; 3-4 and 3-5 WHEREAS, Dean Lumber Company, Inc., alleges that the actions 3-6 of the Texas Natural Resource Conservation Commission are in direct 3-7 conflict with the commission's stated mission that its "decisions 3-8 must be based on common sense, good science, and fiscal 3-9 responsibility" and deprived the company of the ability to meet 3-10 financial commitments; and 3-11 WHEREAS, Dean Lumber Company, Inc., alleges that it has 3-12 sustained damages as a result of the actions of the Texas Natural 3-13 Resource Conservation Commission; now, therefore, be it 3-14 RESOLVED by the Legislature of the State of Texas, That Dean 3-15 Lumber Company, Inc., is granted permission to sue the State of 3-16 Texas and the Texas Natural Resource Conservation Commission 3-17 subject to Chapter 107, Civil Practice and Remedies Code; and, be 3-18 it further 3-19 RESOLVED, That the remedies available to Dean Lumber Company, 3-20 Inc., in the suit authorized by this resolution are limited to the 3-21 remedies traditionally available for the causes of action alleged 3-22 in this resolution, but that Dean Lumber Company, Inc., may not 3-23 recover punitive or exemplary damages resulting from the actions of 3-24 the Texas Natural Resource Conservation Commission; and, be it 3-25 further 3-26 RESOLVED, That Dean Lumber Company, Inc., and the Texas 4-1 Natural Resource Conservation Commission may agree to submit the 4-2 matter that is the subject of this resolution to binding 4-3 arbitration; and, be it further 4-4 RESOLVED, That the executive director of the Texas Natural 4-5 Resource Conservation Commission be served process as provided by 4-6 Subdivision (3), Subsection (a), Section 107.002, Civil Practice 4-7 and Remedies Code.