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.