SRC-MWN S.C.R. 1 77(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 1
77R584 SB-DBy: Wentworth
Jurisprudence
1/19/2001
As Filed


DIGEST

R.C. Crawford and Crawford Heavy and Marine Construction Limited (CHMCL)
alleges 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 shortly after the hearing R.C. Crawford discovered
that TxDOT had withheld evidence from R.C. Crawford  and the attorneys for
CHMCL. R.C. Crawford and the attorneys of CHMCL did not have an opportunity
to review the withheld material prior to the hearing, and the withheld
material could have had significant influence on the facts of the case
presented by R.C. Crawford and CHMCL. Eventually the administrative law
judge made a ruling in favor of R.C. Crawford and CHMCL based only on the
information as it was presented by R.C. Crawford and their attorneys before
they were aware of the information withheld by TxDOT, and the ruling, based
on the record before the discovery of the withheld evidence, was rejected
by R.C. Crawford and CHMCL. As a result of the actions of  TxDOT, R.C.
Crawford lost his bonding capacity, and eventually lost his business,
namely CHMCL, and R.C. Crawford and CHMCL are entitled to recover
compensation for the work performed, lost bonding damages, attorney's fees,
and all other damages as allowed by law except exemplary or punitive
damages.  

PURPOSE

As proposed, S.C.R. 1 submits the following resolutions:

 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) subject to Chapter 107 (Permission to Sue the
State), Civil Practice and Remedies Code. Requires the suit authorized by
this resolution to be brought in Travis County and prohibits the total of
all damages awarded in the suit authorized by this resolution, including
any court costs, and any prejudgement interest awarded under law, from
exceeding $3 million, plus the addition to that amount of any attorney's
fees. Prohibits R.C. Crawford and CHMCL from pleading an amount in excess
of that amount in a suit authorized by this resolution. Provides that this
is the total amount that may be recovered with respect to the contract that
is the subject of this resolution in all actions brought with respect to
that contract. Provides that the executive director of TxDOT  be served
process as provided by Section 107.002(a) (3) (Effect of Grant of
Permission), Civil Practice and Remedies Code.