By Thompson                                          H.C.R. No. 203
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                CONCURRENT RESOLUTION
 1-1           WHEREAS, RFD & ASSOCIATES, INC. alleges that:
 1-2           (1)  On August 10, 1998, the Office of the Attorney General
 1-3     of the State of Texas awarded RFD & Associates, Inc., a contract
 1-4     for design, development, testing and implementation of a legal case
 1-5     management system; and
 1-6           (2)  That RFD and Associates, Inc., worked in good faith and
 1-7     substantially complied with the terms and specifications of the
 1-8     contract; and
 1-9           (3)  On February 25, 1999, the Office of the Attorney General
1-10     granted an extension of the original contract, both as to the
1-11     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; and
1-14           (4)  Following this extension of the original contract, the
1-15     Office of the Attorney General repeatedly requested additional
1-16     changes in the system's design and such changes were agreed to and
1-17     made in good faith by RFD & Associates, Inc.; and
1-18           (4)  The Office of the Attorney General agreed in writing to
1-19     pay additional amounts for the desired system changes; and
1-20           (5)  After RFD & Associates, Inc., substantially performed as
1-21     directed under the terms of the contract, the Office of the
1-22     Attorney General unilaterally terminated the process of testing the
1-23     system that had been made part of the contract; and
 2-1           (6)  The Office of the Attorney General refused to pay the
 2-2     amounts due and owing RFD & Associates, Inc., under the contract,
 2-3     including the amount or fair market value of the orders or requests
 2-4     for additional work made by the Office of the Attorney General; and
 2-5           (7)  That by its actions the Office of the Attorney General
 2-6     has breached the contract; now, therefore, be it
 2-7           RESOLVED, by the Legislature of the State of Texas, That RFD
 2-8     & Associates, Inc., is granted permission to sue the State of Texas
 2-9     and the Office of Attorney General subject to Chapter 107, Civil
2-10     Practices and Remedies Code; and be it further
2-11           RESOLVED, That the Attorney General of the State of Texas be
2-12     served process as provided by Chapter 107, Civil Practice and
2-13     Remedies Code; and be it further
2-14           RESOLVED, That the Legislature of the State of Texas did not
2-15     intend by the enactment of Chapter 2260, Government Code, to divest
2-16     future legislatures of the authority to consider and deny or grant
2-17     consents to suit under Chapter 107 of the Texas Civil Practices &
2-18     Remedies Code, irrespective of compliance with Chapter 2260, and
2-19     the Legislature of the State of Texas specifically reserves such
2-20     authority to itself.