SRC-TBR S.C.R. 42 77(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 42
2001S0844/1 03/14/01By: Whitmire
Finance
4/4/2001
As Filed


DIGEST AND PURPOSE 

Gibson Recycling, Inc., alleges that it entered into an agreement with the
Texas Natural Resource Conservation Commission under the waste tire
recycling program to recycle waste tires.  Gibson Recycling, Inc., alleges
that it performed its obligations under the waste tire recycling program
and that the Texas Natural Resource Conservation Commission (commission)
failed to perform its obligations under the agreement under the waste tire
recycling program.  Gibson Recycling, Inc., alleges that  the commission
has caused Gibson Recycling, Inc., to undergo an audit on its operations
under the waste tire recycling program and the audit division of the
commission purposely manipulated the figures to show that Gibson Recycling,
Inc., had been overpaid by the commission, when Gibson Recycling, Inc.,
alleges it had not been overpaid.  Gibson Recycling, Inc., alleges the
commission has failed to pay Gibson Recycling, Inc., $400,000 to which it
is lawfully entitled under the waste tire recycling program; and Gibson
Recycling, Inc., has sustained damages as a result of the actions of the
commission. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

As proposed, S.C.R. 42 submits the following resolutions:

The Legislature of the State of Texas, hereby grants Gibson Recycling,
Inc., permission to sue the State of Texas and the Texas Natural Resource
Conservation Commission subject to Chapter 107, Civil Practice and Remedies
Code; and, that the remedies available to Gibson Recycling, Inc., in the
suit authorized by this resolution are limited to the remedies
traditionally available for breach of contract, but that Gibson Recycling,
Inc., may not recover punitive or exemplary damages resulting from any
breach of contract; and, Gibson Recycling, Inc., and the Texas Natural
Resource Conservation Commission may agree to submit the matter that is the
subject of this resolution to binding arbitration; and, that the executive
director of the Texas Natural Resource Conservation Commission be served
process as provided by Section 107.002(a)(3), Civil Practice and Remedies
Code.