By: Wentworth S.C.R. No. 1
1-1 SENATE CONCURRENT RESOLUTION
1-2 WHEREAS, R. C. Crawford and Crawford Heavy and Marine
1-3 Construction Limited allege that:
1-4 (1) on October 14, 1991, R. C. Crawford and Crawford
1-5 Heavy and Marine Construction Limited submitted a bid and were
1-6 subsequently issued a contract for work to be performed for the
1-7 Texas Department of Transportation to repair a roadway between Katy
1-8 and Houston, Texas;
1-9 (2) the contract for repair was eventually terminated
1-10 and R. C. Crawford and Crawford Heavy and Marine Construction
1-11 Limited and the Texas Department of Transportation entered into a
1-12 dispute over money owed to R. C. Crawford and Crawford Heavy and
1-13 Marine Construction Limited for work completed and other damages;
1-14 (3) an administrative hearing was held, and shortly
1-15 after the hearing R. C. Crawford discovered that the Texas
1-16 Department of Transportation had withheld evidence from R. C.
1-17 Crawford and the attorneys of Crawford Heavy and Marine
1-18 Construction Limited;
1-19 (4) R. C. Crawford and the attorneys of Crawford Heavy
1-20 and Marine Construction Limited did not have an opportunity to
1-21 review the withheld material prior to the hearing, and the withheld
1-22 material could have had significant influence on the facts of the
1-23 case presented by R. C. Crawford and Crawford Heavy and Marine
1-24 Construction Limited;
2-1 (5) eventually the administrative law judge made a
2-2 ruling in favor of R. C. Crawford and Crawford Heavy and Marine
2-3 Construction Limited based only on the information as it was
2-4 presented by R. C. Crawford and the attorneys of Crawford Heavy and
2-5 Marine Construction Limited before they were aware of the
2-6 information withheld by the Texas Department of Transportation, and
2-7 the ruling, based on the record before the discovery of the
2-8 withheld evidence, was rejected by R. C. Crawford and Crawford
2-9 Heavy and Marine Construction Limited;
2-10 (6) as a result of the actions of the Texas Department
2-11 of Transportation, R. C. Crawford lost his bonding capacity, and
2-12 eventually lost his business, namely Crawford Heavy and Marine
2-13 Construction Limited; and
2-14 (7) R. C. Crawford and Crawford Heavy and Marine
2-15 Construction Limited are entitled to recover compensation for the
2-16 work performed, lost bonding damages, attorney's fees, and all
2-17 other damages as allowed by law except exemplary or punitive
2-18 damages; now, therefore, be it
2-19 RESOLVED by the Legislature of the State of Texas, That R. C.
2-20 Crawford and Crawford Heavy and Marine Construction Limited are
2-21 granted permission to sue the State of Texas and the Texas
2-22 Department of Transportation subject to Chapter 107, Civil Practice
2-23 and Remedies Code; and, be it further
2-24 RESOLVED, That the suit authorized by this resolution shall
2-25 be brought in Travis County; and, be it further
2-26 RESOLVED, That the total of all damages awarded in the suit
3-1 authorized by this resolution, including any court costs, and any
3-2 prejudgment interest awarded under law, may not exceed $3 million,
3-3 plus the addition to that amount of any attorney's fees, that R. C.
3-4 Crawford and Crawford Heavy and Marine Construction Limited may not
3-5 plead an amount in excess of that amount in a suit authorized by
3-6 this resolution, and that this is the total amount that may be
3-7 recovered with respect to the contract that is the subject of this
3-8 resolution in all actions brought with respect to that contract;
3-9 and, be it further
3-10 RESOLVED, That the executive director of the Texas Department
3-11 of Transportation be served process as provided by Subdivision (3),
3-12 Subsection (a), Section 107.002, Civil Practice and Remedies Code.