By Telford                                           H.C.R. No. 211
         77R14219 SKB-F                           
                             HOUSE CONCURRENT RESOLUTION
 1-1           WHEREAS, Gibson Recycling, Inc., alleges that:
 1-2                 (1)  Gibson Recycling, Inc., entered into an agreement
 1-3     with the Texas Natural Resource Conservation Commission under the
 1-4     waste tire recycling program to recycle waste tires;
 1-5                 (2)  Gibson Recycling, Inc., performed its obligations
 1-6     under the waste tire recycling program;
 1-7                 (3)  the Texas Natural Resource Conservation Commission
 1-8     failed to perform its obligations under the agreement and under the
 1-9     waste tire recycling program;
1-10                 (4)  the Texas Natural Resource Conservation Commission
1-11     has caused Gibson Recycling, Inc., to undergo an audit on its
1-12     operations under the waste tire recycling program;
1-13                 (5)  the audit division of the Texas Natural Resource
1-14     Conservation Commission purposely manipulated the figures to show
1-15     that Gibson Recycling, Inc., had been overpaid by the Texas Natural
1-16     Resource Conservation Commission, when Gibson Recycling, Inc.,
1-17     alleges it had not been overpaid;
1-18                 (6)  the Texas Natural Resource Conservation Commission
1-19     has failed to pay Gibson Recycling, Inc., $400,000 to which it is
1-20     lawfully entitled under the waste tire recycling program; and
1-21                 (7)  Gibson Recycling, Inc., has sustained damages as a
1-22     result of the actions of the Texas Natural Resource Conservation
1-23     Commission; now, therefore, be it
1-24           RESOLVED by the Legislature of the State of Texas, That
 2-1     Gibson Recycling, Inc., is granted permission to sue the State of
 2-2     Texas and the Texas Natural Resource Conservation Commission
 2-3     subject to Chapter 107, Civil Practice and Remedies Code; and, be
 2-4     it further
 2-5           RESOLVED, That the remedies available to Gibson Recycling,
 2-6     Inc., in the suit authorized by this resolution are limited to the
 2-7     remedies traditionally available for breach of contract, but that
 2-8     Gibson Recycling, Inc., may not recover punitive or exemplary
 2-9     damages resulting from any breach of contract; and, be it further
2-10           RESOLVED, That the total of all damages awarded in the suit
2-11     authorized by this resolution, including any court costs,
2-12     attorney's fees, and prejudgment interest awarded under law, may
2-13     not exceed the amount of damages awarded to the Texas Natural
2-14     Resource Conservation Commission in a counterclaim or counterclaims
2-15     made in connection with that suit, if any, plus $1 million; and, be
2-16     it further
2-17           RESOLVED, That Gibson Recycling, Inc., and the Texas Natural
2-18     Resource Conservation Commission may agree to submit the matter
2-19     that is the subject of this resolution to binding arbitration; and,
2-20     be it further
2-21           RESOLVED, That the executive director of the Texas Natural
2-22     Resource Conservation Commission be served process as provided by
2-23     Section 107.002(a)(3), Civil Practice and Remedies Code.
2-24      BEGCAPTION 
2-25     Granting Gibson Recycling, Inc., permission to sue the State of
2-26     Texas and the Texas Natural Resource Conservation Commission.
2-27      ENDCAPTION