HBA-MSH S.C.R. 1 77(R) BILL ANALYSIS Office of House Bill AnalysisS.C.R. 1 By: Wentworth Civil Practices 5/8/2001 Engrossed BACKGROUND AND PURPOSE R.C. Crawford and Crawford Heavy and Marine Construction Limited (CHMCL) allege that on October 14, 1991, they submitted a bid and were subsequently issued a contract for work to be performed for the Texas Department of Transportation (TxDOT) to repair a roadway between Katy and Houston, Texas. The contract for repair was eventually terminated and R.C. Crawford and CHMCL and TxDOT entered into a dispute over money owed to R.C. Crawford and CHMCL for work completed and other damages. An administrative hearing was held, and R.C. Crawford alleges that evidence was withheld by TxDOT that could have had a significant influence on the facts of the case presented by R.C. Crawford and CHMCL at the hearing. The ruling that resulted from the hearing, based on the record before the discovery of the evidence allegedly withheld by TxDOT, was rejected by R.C. Crawford and CHMCL. As a result of these actions, R.C. Crawford lost his bonding capacity and subsequently his business, CHMCL. Senate Concurrent Resolution No. 1 grants R.C. Crawford and CHMCL the right to sue the state of Texas. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Concurrent Resolution No. 1 grants R.C. Crawford and Crawford Heavy and Marine Construction Limited (CHMCL) permission to sue the State of Texas and the Texas Department of Transportation (TxDOT). The resolution prohibits the total of all damages awarded in the suit including any court costs and any prejudgment interest awarded from exceeding $3 million, plus the addition to that amount of any attorney's fees. The resolution requires the that the executive director of the TxDOT be served process.