By Telford H.C.R. No. 211 77R6230 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 Gibson Recycling, Inc., and the Texas Natural 2-11 Resource Conservation Commission may agree to submit the matter 2-12 that is the subject of this resolution to binding arbitration; and, 2-13 be it further 2-14 RESOLVED, That the executive director of the Texas Natural 2-15 Resource Conservation Commission be served process as provided by 2-16 Section 107.002(a)(3), Civil Practice and Remedies Code.