By Ratliff                                            S.C.R. No. 72
         76R13289 SKT-F                           
                                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
2-27     Commission to join the commission's voluntary compliance program,
 3-1     but was denied solely because it was being targeted for possible
 3-2     sanctions by the Texas Natural Resource Conservation Commission;
 3-3     and
 3-4           WHEREAS, Dean Lumber Company, Inc., alleges that the actions
 3-5     of the Texas Natural Resource Conservation Commission are in direct
 3-6     conflict with the commission's stated mission that its "decisions
 3-7     must be based on common sense, good science, and fiscal
 3-8     responsibility" and deprived the company of the ability to meet
 3-9     financial commitments; and
3-10           WHEREAS, Dean Lumber Company, Inc., alleges that it has
3-11     sustained damages as a result of the actions of the Texas Natural
3-12     Resource Conservation Commission; now, therefore, be it
3-13           RESOLVED by the Legislature of the State of Texas, That Dean
3-14     Lumber Company, Inc., is granted permission to sue the State of
3-15     Texas and the Texas Natural Resource Conservation Commission
3-16     subject to Chapter 107, Civil Practice and Remedies Code; and, be
3-17     it further
3-18           RESOLVED, That the remedies available to Dean Lumber Company,
3-19     Inc., in the suit authorized by this resolution are limited to the
3-20     remedies traditionally available for the causes of action alleged
3-21     in this resolution, but that Dean Lumber Company, Inc., may not
3-22     recover punitive or exemplary damages resulting from the actions of
3-23     the Texas Natural Resource Conservation Commission; and, be it
3-24     further
3-25           RESOLVED, That Dean Lumber Company, Inc., and the Texas
3-26     Natural Resource Conservation Commission may agree to submit the
3-27     matter that is the subject of this resolution to binding
 4-1     arbitration; and, be it further
 4-2           RESOLVED, That the executive director of the Texas Natural
 4-3     Resource Conservation Commission be served process as provided by
 4-4     Section 107.002(a)(3), Civil Practice and Remedies Code.