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; 1-25 (5) eventually the administrative law judge made a 2-1 ruling in favor of R. C. Crawford and Crawford Heavy and Marine 2-2 Construction Limited based only on the information as it was 2-3 presented by R. C. Crawford and the attorneys of Crawford Heavy and 2-4 Marine Construction Limited before they were aware of the 2-5 information withheld by the Texas Department of Transportation, and 2-6 the ruling, based on the record before the discovery of the 2-7 withheld evidence, was rejected by R. C. Crawford and Crawford 2-8 Heavy and Marine Construction Limited; 2-9 (6) as a result of the actions of the Texas Department 2-10 of Transportation, R. C. Crawford lost his bonding capacity, and 2-11 eventually lost his business, namely Crawford Heavy and Marine 2-12 Construction Limited; and 2-13 (7) R. C. Crawford and Crawford Heavy and Marine 2-14 Construction Limited are entitled to recover compensation for the 2-15 work performed, lost bonding damages, attorney's fees, and all 2-16 other damages as allowed by law except exemplary or punitive 2-17 damages; now, therefore, be it 2-18 RESOLVED by the Legislature of the State of Texas, That R. C. 2-19 Crawford and Crawford Heavy and Marine Construction Limited are 2-20 granted permission to sue the State of Texas and the Texas 2-21 Department of Transportation subject to Chapter 107, Civil Practice 2-22 and Remedies Code; and, be it further 2-23 RESOLVED, That the suit authorized by this resolution shall 2-24 be brought in Travis County; and, be it further 2-25 RESOLVED, That the total of all damages awarded in the suit 2-26 authorized by this resolution, including any court costs, and any 3-1 prejudgment interest awarded under law, may not exceed $3 million, 3-2 plus the addition to that amount of any attorney's fees, that R. C. 3-3 Crawford and Crawford Heavy and Marine Construction Limited may not 3-4 plead an amount in excess of that amount in a suit authorized by 3-5 this resolution, and that this is the total amount that may be 3-6 recovered with respect to the contract that is the subject of this 3-7 resolution in all actions brought with respect to that contract; 3-8 and, be it further 3-9 RESOLVED, That the executive director of the Texas Department 3-10 of Transportation be served process as provided by Subdivision (3), 3-11 Subsection (a), Section 107.002, Civil Practice and Remedies Code. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.C.R. No. 1 was adopted by the Senate on April 17, 2001. _______________________________ Secretary of the Senate I hereby certify that S.C.R. No. 1 was adopted by the House on May 23, 2001. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor