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. 1-52 * * * * *