HBA-ATS H.C.R. 64 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 64
By: Brimer
Civil Practices
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

On February 15, 1993, DalMac Construction Company, Inc., (DalMac) and Texas
A&M University (university) entered into a contract for the construction of
a recreational sports building.  The university provided to DalMac the
specifications and plans for the building.  Delays in construction resulted
when inconsistencies between the plans and specifications arose and could
not be resolved by the parties in a timely manner.  DalMac completed the
project on or about November 17, 1995, almost 10 months behind schedule. 

Following the dispute resolution procedures provided by the contract,
DalMac submitted to the vice chancellor of The Texas A&M University System
(system) on or about October 16, 1995, a claim for $2,412,575.66 for
reimbursement for time and money incurred by DalMac as a result of what
DalMac believed to be performance by the company that exceeded the initial
contractual requirements.  The vice chancellor denied the claim.  On July
10, 1996, DalMac notified the chancellor of the system that it was
appealing the vice chancellor's decision.  Following a three-day
arbitration in College Station in which only three issues were arbitrated,
at the university's insistence, DalMac proposed a settlement.  The
university responded with an offer of $19,000.  On April 30, 1997, DalMac
appealed to the Board of Regents of The Texas A&M University System and
asked for a hearing to present its claim.  After a forty-five minute
hearing, the board of regents denied the claim.  Three months later the
university proposed its final offer of $204,461 to settle the claim.
H.C.R. 64 grants permission to DalMac Construction Company, Inc., to sue
the State of Texas and Texas A&M University subject to Chapter 107
(Permission to Sue the State), Civil Practice and Remedies Code. 

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. 

ANALYSIS

H.C.R. 64 grants permission to DalMac Construction Company, Inc., to sue
the State of Texas and Texas A&M University subject to Chapter 107
(Permission to Sue the State), Civil Practice and Remedies Code. 

Provides that the president of Texas A&M University be served process as
provided by Section 107.002(a)(3) (service of process on a person named in
a resolution as a representative of the affected state agency), Civil
Practice and Remedies Code.