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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.C.R. No. 72 was adopted by the Senate
on May 20, 1999.
_______________________________
Secretary of the Senate
I hereby certify that S.C.R. No. 72 was adopted by the House
on May 26, 1999.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor