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.