By Wentworth                                           S.C.R. No. 1
         77R584 S.B. No.-D                           
                                CONCURRENT RESOLUTION
 1-1           WHEREAS, R. C. Crawford and Crawford Heavy and Marine
 1-2     Construction Limited allege that:
 1-3                 (1)  on October 14, 1991, R. C. Crawford and Crawford
 1-4     Heavy and Marine Construction Limited submitted a bid and were
 1-5     subsequently issued a contract for work to be performed for the
 1-6     Texas Department of Transportation to repair a roadway between Katy
 1-7     and Houston, Texas;
 1-8                 (2)  the contract for repair was eventually terminated
 1-9     and R. C. Crawford and Crawford Heavy and Marine Construction
1-10     Limited and the Texas Department of Transportation entered into a
1-11     dispute over money owed to R. C. Crawford and Crawford Heavy and
1-12     Marine Construction Limited for work completed and other damages;
1-13                 (3)  an administrative hearing was held, and shortly
1-14     after the hearing R. C. Crawford discovered that the Texas
1-15     Department of Transportation had withheld evidence from R. C.
1-16     Crawford and the attorneys of Crawford Heavy and Marine
1-17     Construction Limited;
1-18                 (4)  R. C. Crawford and the attorneys of Crawford Heavy
1-19     and Marine Construction Limited did not have an opportunity to
1-20     review the withheld material prior to the hearing, and the withheld
1-21     material could have had significant influence on the facts of the
1-22     case presented by R. C. Crawford and Crawford Heavy and Marine
1-23     Construction Limited;
1-24                 (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 Texas Department of Transportation, and the
 2-6     ruling, based on the record before the discovery of the withheld
 2-7     evidence, was rejected by R. C. Crawford and Crawford Heavy and
 2-8     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
2-27     prejudgment interest awarded under law, may not exceed $3 million,
 3-1     plus the addition to that amount of any attorney's fees, that R. C.
 3-2     Crawford and Crawford Heavy and Marine Construction Limited may not
 3-3     plead an amount in excess of that amount in a suit authorized by
 3-4     this resolution, and that this is the total amount that may be
 3-5     recovered with respect to the contract that is the subject of this
 3-6     resolution in all actions brought with respect to that contract;
 3-7     and, be it further
 3-8           RESOLVED, That the executive director of the Texas Department
 3-9     of Transportation be served process as provided by Section
3-10     107.002(a)(3), Civil Practice and Remedies Code.