1-1 By: Ratliff S.C.R. No. 72 1-2 (In the Senate - Filed April 27, 1999; April 29, 1999, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 May 11, 1999, reported favorably by the following vote: Yeas 4, 1-5 Nays 0; May 11, 1999, sent to printer.) 1-6 SENATE CONCURRENT RESOLUTION 1-7 WHEREAS, Dean Lumber Company, Inc., alleges that the Texas 1-8 Natural Resource Conservation Commission has engaged in predatory, 1-9 malicious, and unfair practices in the enforcement of commission 1-10 rules and regulations that have resulted in economic damages to 1-11 Dean Lumber Company, Inc.; and 1-12 WHEREAS, Dean Lumber Company, Inc., alleges that it has 1-13 always strived to maintain compliance with the rules and 1-14 regulations of the Texas Natural Resource Conservation Commission, 1-15 devoting substantial time and expense to that pursuit; and 1-16 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 1-17 when it was notified by the Texas Natural Resource Conservation 1-18 Commission of the commission's upcoming inspection of the company's 1-19 facilities, the Texas Natural Resource Conservation Commission 1-20 refused the company's request to schedule the inspection at a 1-21 mutually convenient date; and 1-22 WHEREAS, Dean Lumber Company, Inc., alleges that the refusal 1-23 to schedule the inspection as requested resulted in the loss of 10 1-24 days of production; and 1-25 WHEREAS, Dean Lumber Company, Inc., alleges that the loss of 1-26 production resulted in the loss of customers, who were frustrated 1-27 by the company's lagging production; and 1-28 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 1-29 the Texas Natural Resource Conservation Commission has enacted 1-30 rules and regulations with which it is technically and practically 1-31 impossible to comply and which the Texas Natural Resource 1-32 Conservation Commission has arbitrarily and capriciously enforced 1-33 against the company; and 1-34 WHEREAS, Dean Lumber Company, Inc., alleges that the 1-35 arbitrary and capricious enforcement of the rules and regulations 1-36 has resulted in the company spending thousands of dollars defending 1-37 itself from the imposition of unfair and factually unwarranted 1-38 penalties by the Texas Natural Resource Conservation Commission; 1-39 and 1-40 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 1-41 the Texas Natural Resource Conservation Commission intentionally 1-42 and knowingly published or caused to be published false information 1-43 regarding the emission levels of arsenic and chromium from the 1-44 company's facility, which reflected a much higher emission level 1-45 than was accurate; and 1-46 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 1-47 as a result of the arbitrary and capricious enforcement practices 1-48 of the Texas Natural Resource Conservation Commission, as well as 1-49 the publication of false information regarding emission levels of 1-50 arsenic and chromium, the company has been targeted for potential 1-51 toxic tort lawsuits, and this has caused the company to spend 1-52 thousands of dollars defending itself from these frivolous 1-53 lawsuits; and 1-54 WHEREAS, Dean Lumber Company, Inc., specifically alleges that 1-55 once it was notified of possible noncompliance with the rules and 1-56 regulations, it petitioned the Texas Natural Resource Conservation 1-57 Commission to join the commission's voluntary compliance program 1-58 but was denied solely because it was being targeted for possible 1-59 sanctions by the Texas Natural Resource Conservation Commission; 1-60 and 1-61 WHEREAS, Dean Lumber Company, Inc., alleges that the actions 1-62 of the Texas Natural Resource Conservation Commission are in direct 1-63 conflict with the commission's stated mission that its "decisions 1-64 must be based on common sense, good science, and fiscal 2-1 responsibility" and deprived the company of the ability to meet 2-2 financial commitments; and 2-3 WHEREAS, Dean Lumber Company, Inc., alleges that it has 2-4 sustained damages as a result of the actions of the Texas Natural 2-5 Resource Conservation Commission; now, therefore, be it 2-6 RESOLVED by the Legislature of the State of Texas, That Dean 2-7 Lumber Company, Inc., is granted permission to sue the State of 2-8 Texas and the Texas Natural Resource Conservation Commission 2-9 subject to Chapter 107, Civil Practice and Remedies Code; and, be 2-10 it further 2-11 RESOLVED, That the remedies available to Dean Lumber Company, 2-12 Inc., in the suit authorized by this resolution are limited to the 2-13 remedies traditionally available for the causes of action alleged 2-14 in this resolution, but that Dean Lumber Company, Inc., may not 2-15 recover punitive or exemplary damages resulting from the actions of 2-16 the Texas Natural Resource Conservation Commission; and, be it 2-17 further 2-18 RESOLVED, That Dean Lumber Company, Inc., and the Texas 2-19 Natural Resource Conservation Commission may agree to submit the 2-20 matter that is the subject of this resolution to binding 2-21 arbitration; and, be it further 2-22 RESOLVED, That the executive director of the Texas Natural 2-23 Resource Conservation Commission be served process as provided by 2-24 Subdivision (3) Subsection (a), Section 107.002, Civil Practice and 2-25 Remedies Code. 2-26 * * * * *