77R14624 MDR-D                          
         By Brimer                                            H.C.R. No. 221
         Substitute the following for H.C.R. No. 221:
         By Bosse                                         C.S.H.C.R. No. 221
                             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
 2-1     be sealed by the court or the parties from public inspection; and,
 2-2     be it further
 2-3           RESOLVED, That the executive director of the Texas Department
 2-4     of Transportation be served process as provided by Section
 2-5     107.002(a)(3), Civil Practice and Remedies Code.  BEGCAPTION 
 2-6     Granting MICA Corporation permission to sue the state and the Texas
 2-7     Department of Transportation.
 2-8      ENDCAPTION