HBA-ATS S.C.R. 18 76(R) BILL ANALYSIS Office of House Bill AnalysisS.C.R. 18 By: Nixon Civil Practices 5/7/1999 Engrossed BACKGROUND AND PURPOSE Anderson Columbia Environmental, Inc. (the company), alleges that on September 26, 1995, it entered into a contract with the Texas Natural Resource Conservation Commission (TNRCC) for the implementation of Phase B of the Industrial Remediation project for the United Creosoting Superfund Site. The company contends that it has fulfilled all of its obligations under the contract and that TNRCC failed to give the proper notice required when terminating the contract and has wrongfully withheld payment from the company. Accordingly, the company alleges that it is entitled to recover compensation for the work performed and to other appropriate remedies as provided by the contract, excluding exemplary or punitive damages. S.C.R. 18 grants permission to Anderson Columbia Environmental, Inc., to sue the State of Texas and TNRCC. 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 S.C.R. 18 grants permission to Anderson Columbia Environmental, Inc., to sue the State of Texas and the Texas Natural Resource Conservation Commission (TNRCC), subject to Chapter 107 (Permission to Sue the State), Civil Practice and Remedies Code. Provides that the executive director of TNRCC be served process as provided by Section 107.002(a)(3) (Effect of Grant of Permission), Civil Practice and Remedies Code.