77R14219 SKB-F By Telford H.C.R. No. 211 Substitute the following for H.C.R. No. 211: By Bosse C.S.H.C.R. No. 211 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 2-1 Commission; now, therefore, be it 2-2 RESOLVED by the Legislature of the State of Texas, That 2-3 Gibson Recycling, Inc., is granted permission to sue the State of 2-4 Texas and the Texas Natural Resource Conservation Commission 2-5 subject to Chapter 107, Civil Practice and Remedies Code; and, be 2-6 it further 2-7 RESOLVED, That the remedies available to Gibson Recycling, 2-8 Inc., in the suit authorized by this resolution are limited to the 2-9 remedies traditionally available for breach of contract, but that 2-10 Gibson Recycling, Inc., may not recover punitive or exemplary 2-11 damages resulting from any breach of contract; and, be it further 2-12 RESOLVED, That the total of all damages awarded in the suit 2-13 authorized by this resolution, including any court costs, 2-14 attorney's fees, and prejudgment interest awarded under law, may 2-15 not exceed the amount of damages awarded to the Texas Natural 2-16 Resource Conservation Commission in a counterclaim or counterclaims 2-17 made in connection with that suit, if any, plus $1 million; and, be 2-18 it further 2-19 RESOLVED, That Gibson Recycling, Inc., and the Texas Natural 2-20 Resource Conservation Commission may agree to submit the matter 2-21 that is the subject of this resolution to binding arbitration; and, 2-22 be it further 2-23 RESOLVED, That the executive director of the Texas Natural 2-24 Resource Conservation Commission be served process as provided by 2-25 Section 107.002(a)(3), Civil Practice and Remedies Code. 2-26 BEGCAPTION 2-27 Granting Gibson Recycling, Inc., permission to sue the State of 3-1 Texas and the Texas Natural Resource Conservation Commission. 3-2 ENDCAPTION