HBA-DMH H.C.R. 221 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 221
By: Brimer
Civil Practices
4/9/2001
Introduced



BACKGROUND AND PURPOSE 

MICA Corporation alleges that, on November 14, 1997, MICA Corporation and
the Texas Department of Transportation entered into a contract for the
construction of a project in Webb County on FM 1472. MICA Corporation
alleges that the Texas Department of Transportation has failed to pay money
owed to MICA Corporation under the terms of the contract.  House Concurrent
Resolution 221 grants MICA Corporation permission to sue the State of Texas
and the Texas Department of Transportation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Concurrent Resolution 221 grants MICA Corporation permission to sue
the State of Texas and the Texas Department of Transportation.  The total
of all damages awarded in the suit authorized by this resolution, including
any court costs and attorney's fees, may not exceed $1 million.   The
resolution prohibits MICA Corporation from pleading an amount in excess of
that amount in a suit authorized by this resolution and provides that this
is the total amount that may be recovered with respect to the contract that
is the subject of this resolution in all actions brought with respect to
that contract.  The resolution provides that none of the court records,
pleadings, motions, or discovery related to the suit authorized by this
resolution may be sealed by the court or the parties from public inspection
and that the executive director of the Texas Department of Transportation
be served a citation and other required process.