81R28579 MDR-F
  By: Burnam H.C.R. No. 161
  Substitute the following for H.C.R. No. 161:
  By:  Lewis C.S.H.C.R. No. 161
         WHEREAS, The Benbrook Water Authority, a governmental
  subdivision of the State of Texas:
               (1)  is a party in the lawsuit Benbrook Water Authority
  v. Carter & Burgess, et al., Cause No. 352-207733-04 in Tarrant
  County, Texas, in which a witness in the litigation, John Cook, has
  been threatened with liability by the opposing parties to the
  Benbrook Water Authority in the litigation if Mr. Cook comes
  forward with factual and expert testimony in the case on behalf of
  Benbrook Water Authority;
               (2)  in an effort to protect John Cook from any legal
  liability to the opposing parties in the above-referenced
  litigation, now or at any time, however remote the possibility of
  liability on John Cook's part might be, wishes to hold John Cook
  harmless by contractually indemnifying Mr. Cook against any claims
  he may face as a consequence of his truthful testimony offered in
  the cited litigation;
               (3)  to be certain of the enforceability of a
  contractual agreement, the terms of which are disclosed below,
  wishes to have its immunity from suit waived to the extent John Cook
  is compelled to enforce the terms of the agreement in a court of
  law; and
               (4)  has executed a Hold Harmless and Indemnity
  Agreement between Benbrook Water Authority and John Cook, that
  reads as follows:
                     (1)  "This Indemnification Agreement is by
  and between Benbrook Water Authority ("Indemnitor")
  and John Cook ("Indemnified Party") and is effective
  the 13th day of March, 2009.
                     (2)  The Texas Board of Professional
  Engineers Licensing Requirements for engineers who
  practice engineering in the State of Texas contain the
  following provision:
                     "§137.55 Engineers Shall Protect the Public
                           (a)  Engineers shall be entrusted to
  protect the health, safety, property and welfare of
  the public in the practice of their profession. The
  public as used in this section and other rules is
  defined as any individual(s), client(s), business or
  public entities, or any member of the general
  population whose normal course of life might
  reasonably include an interaction of any sort with the
  engineering work on the license holder.
                           (b)  Engineers shall not perform any
  engineering function which, when measured by generally
  accepted engineering standards or procedures, is
  reasonably likely to result in the endangerment of
  lives, health, safety, property or welfare of the
  public. Any act or conduct which constitutes
  incompetence or gross negligence, or a criminal
  violation of law, constitutes misconduct and shall be
  censurable by the board.
                           (c)  Engineers shall first notify
  involved parties of any engineering decisions or
  practices that might endanger the health, safety,
  property or welfare of the public. When, in an
  engineer's judgment, any risk to the public remains
  unresolved, that engineer shall report any fraud,
  gross negligence, incompetence, misconduct, unethical
  or illegal conduct to the board or to proper civil or
  criminal authorities.
                           (d)  Engineers should strive to
  adequately examine the environmental impact of their
  actions and projects, including the prudent use and
  conservation of resources and energy, in order to make
  informed recommendations and decisions."
                     (3)  In consideration of the preceding
  regulation, and of Indemnified Party's voluntary
  testimony in the above cause in fulfillment of his
  duties as embodied in the regulation, Indemnitor and
  Indemnified Party have entered into this Agreement.
                     (4)  Indemnitor agrees to indemnify,
  defend, and hold harmless the Indemnified Party from
  and against any and all claims, demands, causes of
  action, damages and rights of recovery of any type or
  description (collectively, the "claims"), which may be
  asserted against the Indemnified Party by any person,
  arising directly or indirectly from Indemnified
  Party's testimony in whatever form in the above styled
  and numbered cause against Carter & Burgess, Inc.
  Indemnitor expressly acknowledges that the
  indemnification obligation created hereby includes,
  without limitation, the obligation to indemnify the
  Indemnified Party with respect to claims which may
  arise out of the Indemnified Party's testimony herein,
  but shall not extend to claims caused by the
  Indemnified Party's willful misconduct.
                     (5)  Indemnitor and Indemnified Party
  believe that, based upon allegations made in open
  Court by the representatives of Carter & Burgess, Inc.
  in the above styled and numbered cause to the effect
  that Indemnified Party is a "disgruntled ex-employee,"
  that Carter & Burgess, Inc. may choose to attempt to
  sue Indemnified Party for coming forward in this cause
  to effectively intimidate Indemnified Party from
  testifying truthfully herein. The purpose of this
  Agreement is to avoid such intimidation by Carter &
  Burgess, Inc. in the ensuing weeks and months.
                     (6)  Indemnitor hereby waives any and all
  immunity from suit and immunity from liability which
  may impair the enforceability of this agreement by Mr.
  John Cook, his heirs or representatives.
                     (7)  This Agreement is performable in
  Tarrant County, Texas. Benbrook Water Authority";
  now, therefore, be it
         RESOLVED by the Legislature of the State of Texas, That Mr.
  John Cook, his heirs, and representatives are, in the event a legal
  dispute arises with Benbrook Water Authority over the terms of the
  Hold Harmless and Indemnity Agreement entered into between Benbrook
  Water Authority and John Cook effective on March 13, 2009, granted
  permission to sue the Benbrook Water Authority; and, be it further
         RESOLVED, That any immunity from suit that might shield the
  Benbrook Water Authority is hereby waived; and, be it further
         RESOLVED by the Legislature of the State of Texas, That John
  Cook is granted permission to sue the Benbrook Water Authority
  subject to Chapter 107, Civil Practice and Remedies Code; and, be it
         RESOLVED, That the president of the board of directors of the
  Benbrook Water Authority shall be served process as provided by
  Section 107.002(a)(3), Civil Practice and Remedies Code.