By:  Whitmire                                         S.C.R. No. 42
         2001S0844/1                            
 1-1                        SENATE CONCURRENT RESOLUTION
 1-2           WHEREAS, Gibson Recycling, Inc., alleges that:
 1-3                 (1)  Gibson Recycling, Inc., entered into an agreement
 1-4     with the Texas Natural Resource Conservation Commission under the
 1-5     waste tire recycling program to recycle waste tires;
 1-6                 (2)  Gibson Recycling, Inc., performed its obligations
 1-7     under the waste tire recycling program;
 1-8                 (3)  the Texas Natural Resource Conservation Commission
 1-9     failed to perform its obligations under the agreement and under the
1-10     waste tire recycling program;
1-11                 (4)  the Texas Natural Resource Conservation Commission
1-12     has caused Gibson Recycling, Inc., to undergo an audit on its
1-13     operations under the waste tire recycling program;
1-14                 (5)  the audit division of the Texas Natural Resource
1-15     Conservation Commission purposely manipulated the figures to show
1-16     that Gibson Recycling, Inc., had been overpaid by the Texas Natural
1-17     Resource Conservation Commission, when Gibson Recycling, Inc.,
1-18     alleges it had not been overpaid;
1-19                 (6)  the Texas Natural Resource Conservation Commission
1-20     has failed to pay Gibson Recycling, Inc., $400,000 to which it is
1-21     lawfully entitled under the waste tire recycling program; and
1-22                 (7)  Gibson Recycling, Inc., has sustained damages as a
1-23     result of the actions of the Texas Natural Resource Conservation
1-24     Commission; now, therefore, be it
 2-1           RESOLVED by the Legislature of the State of Texas, That
 2-2     Gibson Recycling, Inc., is granted permission to sue the State of
 2-3     Texas and the Texas Natural Resource Conservation Commission
 2-4     subject to Chapter 107, Civil Practice and Remedies Code; and, be
 2-5     it further
 2-6           RESOLVED, That the remedies available to Gibson Recycling,
 2-7     Inc., in the suit authorized by this resolution are limited to the
 2-8     remedies traditionally available for breach of contract, but that
 2-9     Gibson Recycling, Inc., may not recover punitive or exemplary
2-10     damages resulting from any breach of contract; and, be it further
2-11           RESOLVED, That Gibson Recycling, Inc., and the Texas Natural
2-12     Resource Conservation Commission may agree to submit the matter
2-13     that is the subject of this resolution to binding arbitration; and,
2-14     be it further
2-15           RESOLVED, That the executive director of the Texas Natural
2-16     Resource Conservation Commission be served process as provided by
2-17     Section 107.002(a)(3), Civil Practice and Remedies Code.