77R13496 SKB-F By Thompson H.C.R. No. 203 Substitute the following for H.C.R. No. 203: By Bosse C.S.H.C.R. No. 203 HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, RFD & Associates, Inc., alleges that: 1-2 (1) on August 10, 1998, the Office of the Attorney 1-3 General of the State of Texas awarded RFD & Associates, Inc., a 1-4 contract for design, development, testing, and implementation of a 1-5 legal case management system; 1-6 (2) RFD & Associates, Inc., worked in good faith and 1-7 substantially complied with the terms and specifications of the 1-8 contract; 1-9 (3) on February 25, 1999, the Office of the Attorney 1-10 General granted an extension of the original contract, both as to 1-11 the amounts payable under the contract and as to the time of 1-12 completion, due to the desire of the Office of the Attorney General 1-13 to make changes in the system it had originally requested; 1-14 (4) following this extension of the original contract, 1-15 the Office of the Attorney General repeatedly requested additional 1-16 changes in the system's design and those changes were agreed to and 1-17 made in good faith by RFD & Associates, Inc.; 1-18 (5) the Office of the Attorney General agreed in 1-19 writing to pay additional amounts for the desired system changes; 1-20 (6) after RFD & Associates, Inc., substantially 1-21 performed as directed under the terms of the contract, the Office 1-22 of the Attorney General unilaterally terminated the process of 2-1 testing the system that had been made part of the contract; 2-2 (7) the Office of the Attorney General refused to pay 2-3 the amounts due and owing RFD & Associates, Inc., under the 2-4 contract, including the amount or fair market value of the orders 2-5 or requests for additional work made by the Office of the Attorney 2-6 General; and 2-7 (8) by its actions the Office of the Attorney General 2-8 has breached the contract; now, therefore, be it 2-9 RESOLVED by the Legislature of the State of Texas, That RFD & 2-10 Associates, Inc., is granted permission to sue the State of Texas 2-11 and the Office of the Attorney General subject to Chapter 107, 2-12 Civil Practice and Remedies Code; and, be it further 2-13 RESOLVED, That the total of all damages awarded in the suit 2-14 authorized by this resolution, including any court costs, 2-15 attorney's fees, and prejudgment interest awarded under law, may 2-16 not exceed $650,000, and that RFD & Associates, Inc., may not plead 2-17 an amount in excess of that amount in a suit authorized by this 2-18 resolution; and, be it further 2-19 RESOLVED, That the Attorney General of the State of Texas be 2-20 served process as provided by Chapter 107, Civil Practice and 2-21 Remedies Code; and, be it further 2-22 RESOLVED, That the Legislature of the State of Texas did not 2-23 intend by the enactment of Chapter 2260, Government Code, to divest 2-24 future legislatures of the authority to consider and deny or grant 2-25 consents to suit under Chapter 107, Civil Practice and Remedies 2-26 Code, irrespective of compliance with Chapter 2260, and the 2-27 Legislature of the State of Texas specifically reserves this 3-1 authority to itself.