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