HBA-MSH S.C.R. 1 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.C.R. 1
By: Wentworth
Civil Practices
5/8/2001
Engrossed



BACKGROUND AND PURPOSE 

R.C. Crawford and Crawford Heavy and Marine Construction Limited (CHMCL)
allege that on October 14, 1991, they submitted a bid and were subsequently
issued a contract for work to be performed for the Texas Department of
Transportation (TxDOT) to repair a roadway between Katy and Houston, Texas.
The contract for repair was eventually terminated and R.C. Crawford and
CHMCL and TxDOT entered into a dispute over money owed to R.C. Crawford and
CHMCL for work completed and other damages. An administrative hearing was
held, and R.C. Crawford alleges that evidence was withheld by TxDOT that
could have had a significant influence on the facts of the case presented
by R.C. Crawford and CHMCL at the hearing. The ruling that resulted from
the hearing, based on the record before the discovery of the evidence
allegedly withheld by TxDOT, was rejected by R.C. Crawford and CHMCL.  As a
result of these actions, R.C. Crawford lost his bonding capacity and
subsequently his business, CHMCL.  Senate Concurrent Resolution No. 1
grants R.C. Crawford and CHMCL the right to sue the state of Texas. 

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

Senate Concurrent Resolution No. 1 grants R.C. Crawford and Crawford Heavy
and Marine Construction Limited (CHMCL) permission to sue the State of
Texas and the Texas Department of Transportation (TxDOT).  The resolution
prohibits the total of all damages awarded in the suit including any court
costs and any prejudgment interest awarded from exceeding $3 million, plus
the addition to that amount of any attorney's fees. The resolution requires
the that the executive director of the TxDOT be served process.