By Brimer H.C.R. No. 221 77R14624 MDR-D HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, MICA Corporation alleges that: 1-2 (1) on November 14, 1997, MICA Corporation and the 1-3 Texas Department of Transportation entered into contract #09973031 1-4 for the construction of project CD 2150-04-035 in Webb County on FM 1-5 1472; and 1-6 (2) the Texas Department of Transportation has failed 1-7 to pay money owed to MICA Corporation under the terms of the 1-8 contract; now, therefore, be it 1-9 RESOLVED by the Legislature of the State of Texas, That MICA 1-10 Corporation is granted permission to sue the State of Texas and the 1-11 Texas Department of Transportation subject to Chapter 107, Civil 1-12 Practice and Remedies Code; and, be it further 1-13 RESOLVED, That the total of all damages awarded in the suit 1-14 authorized by this resolution, including any court costs and 1-15 attorney's fees, may not exceed $400,000, that MICA Corporation may 1-16 not plead an amount in excess of that amount in a suit authorized 1-17 by this resolution, and that this is the total amount that may be 1-18 recovered with respect to the contract that is the subject of this 1-19 resolution in all actions brought with respect to that contract; 1-20 and, be it further 1-21 RESOLVED, That none of the court records, pleadings, motions, 1-22 or discovery related to the suit authorized by this resolution may 1-23 be sealed by the court or the parties from public inspection; and, 1-24 be it further 2-1 RESOLVED, That the executive director of the Texas Department 2-2 of Transportation be served process as provided by Section 2-3 107.002(a)(3), Civil Practice and Remedies Code. BEGCAPTION 2-4 Granting MICA Corporation permission to sue the state and the Texas 2-5 Department of Transportation. 2-6 ENDCAPTION