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.
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