H.C.R. 209 78(R)    BILL ANALYSIS


H.C.R. 209
By: Ritter
Civil Practices
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Commercial Indemnity Insurance Company alleges that the General Services
Commission breached its lease of an office building owned by Commercial
Indemnity by wrongfully canceling the lease before the end of the term of
the lease and by thereafter refusing to pay monthly rental payments after
the wrongful termination.  Commercial Indemnity Insurance Company further
alleges that the Texas Natural Resource Conservation Commission, the
agency of the state that occupied the leased premises, damaged the
building when it moved out.   

HCR 209 gives Commercial Indemnity permission to bring suit against the
State of Texas and the Texas Building and Procurement Commission to
recover damages caused by the breach of the lease and to recover the cost
to repair the damage caused by the Texas Natural Resource Conservation
Commission. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HCR 209 provides that Commercial Indemnity Insurance Company is granted
permission to sue the State of Texas and the Texas Building and
Procurement Commission (the successor to the General Services Commission),
subject to Chapter 107, Civil Practice and Remedies Code, to recover
damages for breach of the lease and to also recover the cost to repair the
damages caused by the Texas Natural Resource Conservation Commission.  HCR
209 also provides that Commercial Indemnity Insurance Company is entitled
to seek recovery of reasonable attorneys' fees incurred in the litigation
brought against the State, as well as interest on the amounts due and
costs of court. HCR further provides that the executive director of the
Texas Building and Procurement Commission be served with citation and
process as provided by Section 107.002(a)(3), Civil Practice and Remedies
Code.