1-1     By:  Wentworth                                         S.C.R. No. 1
 1-2           (In the Senate - Filed November 16, 2000; January 11, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 28, 2001, reported favorably by the following vote:  Yeas 4,
 1-5     Nays 0, 1 present, not voting; March 28, 2001, sent to printer.)
 1-6                        SENATE CONCURRENT RESOLUTION
 1-7           WHEREAS, R. C. Crawford and Crawford Heavy and Marine
 1-8     Construction Limited allege that:
 1-9                 (1)  on October 14, 1991, R. C. Crawford and Crawford
1-10     Heavy and Marine Construction Limited submitted a bid and were
1-11     subsequently issued a contract for work to be performed for the
1-12     Texas Department of Transportation to repair a roadway between Katy
1-13     and Houston, Texas;
1-14                 (2)  the contract for repair was eventually terminated
1-15     and R. C. Crawford and Crawford Heavy and Marine Construction
1-16     Limited and the Texas Department of Transportation entered into a
1-17     dispute over money owed to R. C. Crawford and Crawford Heavy and
1-18     Marine Construction Limited for work completed and other damages;
1-19                 (3)  an administrative hearing was held, and shortly
1-20     after the hearing R. C. Crawford discovered that the Texas
1-21     Department of Transportation had withheld evidence from R. C.
1-22     Crawford and the attorneys of Crawford Heavy and Marine
1-23     Construction Limited;
1-24                 (4)  R. C. Crawford and the attorneys of Crawford Heavy
1-25     and Marine Construction Limited did not have an opportunity to
1-26     review the withheld material prior to the hearing, and the withheld
1-27     material could have had significant influence on the facts of the
1-28     case presented by R. C.  Crawford and Crawford Heavy and Marine
1-29     Construction Limited;
1-30                 (5)  eventually the administrative law judge made a
1-31     ruling in favor of R. C. Crawford and Crawford Heavy and Marine
1-32     Construction Limited based only on the information as it was
1-33     presented by R. C. Crawford and the attorneys of Crawford Heavy and
1-34     Marine Construction Limited before they were aware of the
1-35     information withheld by Texas Department of Transportation, and the
1-36     ruling, based on the record before the discovery of the withheld
1-37     evidence, was rejected by R. C. Crawford and Crawford Heavy and
1-38     Marine Construction Limited;
1-39                 (6)  as a result of the actions of the Texas Department
1-40     of Transportation, R. C. Crawford lost his bonding capacity, and
1-41     eventually lost his business, namely Crawford Heavy and Marine
1-42     Construction Limited; and
1-43                 (7)  R. C. Crawford and Crawford Heavy and Marine
1-44     Construction Limited are entitled to recover compensation for the
1-45     work performed, lost bonding damages, attorney's fees, and all
1-46     other damages as allowed by law except exemplary or punitive
1-47     damages; now, therefore, be it
1-48           RESOLVED by the Legislature of the State of Texas, That R. C.
1-49     Crawford and Crawford Heavy and Marine Construction Limited are
1-50     granted permission to sue the State of Texas and the Texas
1-51     Department of Transportation subject to Chapter 107, Civil Practice
1-52     and Remedies Code; and, be it further
1-53           RESOLVED, That the suit authorized by this resolution shall
1-54     be brought in Travis County; and, be it further
1-55           RESOLVED, That the total of all damages awarded in the suit
1-56     authorized by this resolution, including any court costs, and any
1-57     prejudgment interest awarded under law, may not exceed $3 million,
1-58     plus the addition to that amount of any attorney's fees, that R. C.
1-59     Crawford and Crawford Heavy and Marine Construction Limited may not
1-60     plead an amount in excess of that amount in a suit authorized by
1-61     this resolution, and that this is the total amount that may be
1-62     recovered with respect to the contract that is the subject of this
1-63     resolution in all actions brought with respect to that contract;
1-64     and, be it further
 2-1           RESOLVED, That the executive director of the Texas Department
 2-2     of Transportation be served process as provided by Subdivision (3),
 2-3     Subsection (a), Section 107.002, Civil Practice and Remedies Code.
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