HBA-EVB H.C.R. 110 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 110
By: Hilbert
Civil Practices
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Anderson Columbia Environmental, Inc. (the company), alleges that on
September 26, 1995, the company 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 also alleges 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. The company also 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. H.C.R. 110 grants permission to Anderson Columbia Environmental,
Inc., to sue the State of Texas and TNRCC. 

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

H.C.R. 110 grants permission to Anderson Columbia Environmental, Inc., to
sue  the State of Texas and TNRCC, subject to Chapter 107 (Permission to
Sue the State), Civil Practice and Remedies Code.  

Provides that the executive director of The Texas Natural Resource
Conservation Commission (TNRCC) be served process as provided by Section
107.002(a)(3) (Effect of Grant of Permission), Civil Practice and Remedies
Code.