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.