By Barrientos                                         S.C.R. No. 58
         77R16089 SKB-F                           
                                CONCURRENT RESOLUTION
 1-1           WHEREAS, RFD & Associates, Inc., alleges that:
 1-2                 (1)  on August 10, 1998, the Office of the Attorney
 1-3     General of the State of Texas awarded RFD & Associates, Inc., a
 1-4     contract for design, development, testing, and implementation of a
 1-5     legal case management system;
 1-6                 (2)  RFD & Associates, Inc., worked in good faith and
 1-7     substantially complied with the terms and specifications of the
 1-8     contract;
 1-9                 (3)  on February 25, 1999, the Office of the Attorney
1-10     General granted an extension of the original contract, both as to
1-11     the amounts payable under the contract and as to the time of
1-12     completion, due to the desire of the Office of the Attorney General
1-13     to make changes in the system it had originally requested;
1-14                 (4)  following this extension of the original contract,
1-15     the Office of the Attorney General repeatedly requested additional
1-16     changes in the system's design and those changes were agreed to and
1-17     made in good faith by RFD & Associates, Inc.;
1-18                 (5)  the Office of the Attorney General agreed in
1-19     writing to pay additional amounts for the desired system changes;
1-20                 (6)  after RFD & Associates, Inc., substantially
1-21     performed as directed under the terms of the contract, the Office
1-22     of the Attorney General unilaterally terminated the process of
1-23     testing the system that had been made part of the contract;
1-24                 (7)  the Office of the Attorney General refused to pay
 2-1     the amounts due and owing RFD & Associates, Inc., under the
 2-2     contract, including the amount or fair market value of the orders
 2-3     or requests for additional work made by the Office of the Attorney
 2-4     General; and
 2-5                 (8)  by its actions the Office of the Attorney General
 2-6     has breached the contract; now, therefore, be it
 2-7           RESOLVED by the Legislature of the State of Texas, That RFD &
 2-8     Associates, Inc., is granted permission to sue the State of Texas
 2-9     and the Office of the Attorney General subject to Chapter 107,
2-10     Civil Practice and Remedies Code; and, be it further
2-11           RESOLVED, That the total of all damages awarded in the suit
2-12     authorized by this resolution, including any court costs,
2-13     attorney's fees, and prejudgment interest awarded under law, may
2-14     not exceed $650,000, and that RFD & Associates, Inc., may not plead
2-15     an amount in excess of that amount in a suit authorized by this
2-16     resolution; and, be it further
2-17           RESOLVED, That the Attorney General of the State of Texas be
2-18     served process as provided by Chapter 107, Civil Practice and
2-19     Remedies Code; and, be it further
2-20           RESOLVED, That the Legislature of the State of Texas did not
2-21     intend by the enactment of Chapter 2260, Government Code, to divest
2-22     future legislatures of the authority to consider and deny or grant
2-23     consents to suit under Chapter 107, Civil Practice and Remedies
2-24     Code, irrespective of compliance with Chapter 2260, and the
2-25     Legislature of the State of Texas specifically reserves this
2-26     authority to itself.