1-1     By:  Thompson (Senate Sponsor - Barrientos)          H.C.R. No. 203
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on
 1-4     Administration; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 3, Nays 0; May 11, 2001, sent to printer.)
 1-6                         HOUSE CONCURRENT RESOLUTION
 1-7           WHEREAS, RFD & Associates, Inc. alleges that:
 1-8                 (1)  On August 10, 1998, the Office of the Attorney
 1-9     General of the State of Texas awarded RFD & Associates, Inc., a
1-10     contract for design, development, testing, and implementation of a
1-11     legal case management system; and
1-12                 (2)  RFD & Associates, Inc., worked in good faith and
1-13     substantially complied with the terms and specifications of the
1-14     contract; and
1-15                 (3)  on February 25, 1999, the Office of the Attorney
1-16     General granted an extension of the original contract, both as to
1-17     the amounts payable under the contract and as to the time of
1-18     completion, due to the desire of the Office of the Attorney General
1-19     to make changes in the system it had originally requested;
1-20                 (4)  following this extension of the original contract,
1-21     the Office of the Attorney General repeatedly requested additional
1-22     changes in the system's design and those changes were agreed to and
1-23     made in good faith by RFD & Associates, Inc.;
1-24                 (5)  the Office of the Attorney General agreed in
1-25     writing to pay additional amounts for the desired system changes;
1-26                 (6)  after RFD & Associates, Inc., substantially
1-27     performed as directed under the terms of the contract, the Office
1-28     of the Attorney General unilaterally terminated the process of
1-29     testing the system that had been made part of the contract;
1-30                 (7)  the Office of the Attorney General refused to pay
1-31     the amounts due and owing RFD & Associates, Inc., under the
1-32     contract, including the amount or fair market value of the orders
1-33     or requests for additional work made by the Office of the Attorney
1-34     General; and
1-35                 (8)  by its actions the Office of the Attorney General
1-36     has breached the contract; now, therefore, be it
1-37           RESOLVED by the Legislature of the State of Texas, That RFD &
1-38     Associates, Inc., is granted permission to sue the State of Texas
1-39     and the Office of the Attorney General subject to Chapter 107,
1-40     Civil Practice and Remedies Code; and, be it further
1-41           RESOLVED, That the suit authorized by this resolution shall
1-42     be brought in Travis County; and, be it further
1-43           RESOLVED, That the total of all damages awarded in the suit
1-44     authorized by this resolution, including any court costs,
1-45     attorney's fees, and prejudgment interest awarded  under law, may
1-46     not exceed $650,000, and that RFD & Associates, Inc., may not plead
1-47     an amount in excess of that amount in a suit authorized by this
1-48     resolution; and, be it further
1-49           RESOLVED, That the Attorney General of the State of Texas be
1-50     served process as provided by Chapter 107, Civil Practice and
1-51     Remedies Code.
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