HBA-ATS C.S.S.C.R. 18 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.C.R. 18
By: Nixon
Civil Practices
5/10/1999
Committee Report (Substituted)


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. 

C.S.S.C.R. 18 grants permission to Anderson Columbia Environmental, Inc.,
to sue the State of Texas and TNRCC, and provides that the suit must be
brought in Travis County.  This concurrent resolution prohibits the total
damages, including courts costs, attorney's fees, and prejudgment interest
from exceeding $1.5 million dollars.  Consequently, the company is
prohibited from pleading an amount higher than $1.5 million.  Moreover,
$1.5 million is the total amount authorized to be recovered with respect to
the contract between the company and TNRCC in all actions related to that
contract. 

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

C.S.S.C.R. 18 grants permission to Anderson Columbia Environmental, Inc.,
(the company) 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.  

Requires the suit to be brought in Travis County.

Prohibits the total damages, including courts costs, attorney's fees, and
prejudgment interest from exceeding $1.5 million dollars, and prohibits the
company from pleading an amount higher than $1.5 million. 

Provides that $1.5 million is the total amount authorized to be recovered
with respect to the contract between the company and TNRCC in all actions
related to that contract. 

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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.C.R. 18 differs from the original concurrent resolution by adding the
following resolutions: 

Requires the suit to be brought in Travis County.

Prohibits the total damages, including courts costs, attorney's fees, and
prejudgment interest  from exceeding $1.5 million dollars. 

Prohibits Anderson Columbia Environmental, Inc. (the company), from
pleading an amount higher than $1.5 million. 

Provides that $1.5 million is the total amount authorized to be recovered
with respect to the contract between the company and the Texas Natural
Resource Conservation Commission in all actions related to that contract. 

The substitute also makes a nonsubstantive change.