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


Office of House Bill AnalysisC.S.H.C.R. 221
By: Brimer
Civil Practices
5/9/2001
Committee Report (Substituted)



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.  C.S.H.C.R. 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

C.S.H.C.R. 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 $400,000.   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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.C.R. 221 differs from the original bill by decreasing from $1 million
to $400,000 the total maximum amount of all damages that may be awarded.