H.C.R. 223 78(R)    BILL ANALYSIS


H.C.R. 223
By: Hartnett
Civil Practices
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In 1994, Pelzel and Associates entered into a contract with Travis County
for the construction of the Travis County Precinct One Building in Austin,
Texas.  Construction ran 22 days over the agreed completion date.  There
was a disagreement relating to which party was the cause of this delay.
Pelzel & Associates, since renamed Guerrero-McDonald & Associates, filed
suit and prevailed at the trial and appellate court levels.  However, on
May 9, 2002, these decisions were reversed by the Texas Supreme Court on
the grounds of sovereign immunity.   

HCR 223 would grant permission for Guerrero-McDonald & Associates to sue
Travis County. 

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 223 grants permission for Maria Isabel Guerrero-McDonald and
Guerrero-McDonald & Associates, Inc. permission to sue Travis County in
the manner described by Chapter 107, Civil Practice and Remedies Code.
The suit shall be brought in Travis County and the total of all damages
awarded in the suit, including any court costs and prejudgment interest
awarded under law, may not exceed $3 million plus the amount of attorney's
fees authorized by law.  The county judge of Travis County will be served
process in this matter.