79R6140 SKB-D

By:  Hochberg                                                   H.C.R. No. 73 



CONCURRENT RESOLUTION
	WHEREAS, RealAmerica Partners and Charles Zeller allege 
that:                
		(1)  Charles Zeller is a managing partner for 
RealAmerica Partners;         
		(2)  the Fay Tract is a 4.227-acre tract of land 
situated in the P. W. Rose Survey, Abstract Number 645, Harris 
County, Texas;
		(3)  in February 2002, RealAmerica Partners and Charles 
Zeller submitted a proposal to purchase the Fay Tract from the 
University of Houston System;
		(4)  in March 2002, the University of Houston System 
accepted RealAmerica Partners' and Charles Zeller's bid of 
$3,200,000 for the purchase of the Fay Tract;
		(5)  the real estate sales contract had an effective 
date of November 18, 2003;
		(6)  upon execution of the real estate sales contract, 
RealAmerica was to tender $25,000 in earnest money to be deposited 
with Partners Title Company, and Charles Zeller wrote a check dated 
January 22, 2004, to Partners Title Company for that amount;
		(7)  in a letter dated January 22, 2004, Brian S. 
Nelson, the executive director for contracts administration and 
associate general counsel for contract compliance for the 
University of Houston System, stated that RealAmerica Partners had 
breached the contract by failing to pay the earnest money and gave 
notice of termination of the contract;
		(8)  RealAmerica Partners contends that RealAmerica 
Partners has not breached the contract, that the University of 
Houston System has breached the contract, and that the contract has 
not been legally terminated;
		(9)  RealAmerica has requested that the University of 
Houston System close the sale under the contract; and
		(10)  the University of Houston System has refused to 
close the sale under the contract and RealAmerica Partners seeks 
specific performance of the contract; now, therefore, be it
	RESOLVED by the Legislature of the State of Texas, That 
RealAmerica Partners and Charles Zeller are granted permission to 
sue the State of Texas and the University of Houston System subject 
to Chapter 107, Civil Practice and Remedies Code; and, be it further
	RESOLVED, That the chancellor of the University of Houston 
System be served process as provided by Section 107.002(a)(3), 
Civil Practice and Remedies Code.