HBA-EVB H.C.R. 137 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 137
By: Jones, Delwin
Civil Practices
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

King Consultants, Inc., doing business as (dba) Quicksilver Construction
(the company) alleges that the company entered into a contract with Texas
Woman's University (the university) to demolish a building at the
university campus.  The company alleges that it subcontracted with Mr. Chad
Lauderback to perform the demolition.  Mr. Lauderback alleges that he was
required to do substantial amounts of extra work because of water from an
underground spring beneath the building.  Mr. Lauderback alleges that the
university knew about the existence of the underground spring but concealed
that information from the company and himself.  The company alleges that Mr
Lauderback did not reveal to it any information about the underground
spring or that he was having problems with the water  until after the
alleged extra work was performed.  The company alleges that the university
had knowledge of the problems encountered by Mr. Lauderback and was aware
of the extra work that was performed by Mr. Lauderback.  Mr. Lauderback has
filed a suit against the company to recover compensation for the extra work
that was performed.  The company seeks to name the university as a third
party defendant in order to have all issues relating to the suit resolved
at once.  H.C.R. 137 grants permission to King Consultants, Inc., dba
Quicksilver Construction to sue the State of Texas and Texas Woman's
University. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

H.C.R. 137 grants permission to King Consultants, Inc., doing business as
Quicksilver Construction to sue the State of Texas and Texas Woman's
University (the university) subject to Chapter 107 (Permission to Sue the
State), Civil Practices and Remedies Code. 

Provides that the presiding officer of the board of regents of the
university be served process as provided by Section 107.002(a)(3) (Effect
of Grant of Permission), Civil Practice and Remedies Code.