HBA-NIK H.C.R. 118 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 118
By: Telford
Civil Practices
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

Gibson Recycling, Inc. (corporation) contracted with the state, through the
Texas Natural Resource Conservation Commission (TNRCC), to recycle waste
tires under the waste tire recycling program (program).  The corporation
alleges that it performed required obligations under the program, while
TNRCC failed to meet its obligations under the terms of the agreement
between the corporation and TNRCC, and under the program. 

Other allegations by the corporation against TNRCC include:  TNRCC's
causing the corporation to undergo an audit on its operations under the
program; that TNRCC's audit division manipulated figures to suggest that
the corporation was overpaid by TNRCC, and that TNRCC still owes the
corporation $400,000 under the program.   

Because of these allegations, the corporation is claiming damages against
the state, and requests permission from the legislature to sue the state.
Remedies available to the corporation in a suit authorized by this
resolution would be limited to traditional remedies for breach of contract. 

This resolution provides that both parties may agree to binding arbitration
to achieve resolution of this matter, and provides that the executive
director of TNRCC be served process under Section 107.002(a)(3), Civil
Practice and Remedies Code (Effect of Grant of Permission). 

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. 118 authorizes Gibson Recycling, Inc. to bring a suit against the
State of Texas and the Texas Natural Resource Conservation Commission.
Provides that such a suit is subject to Chapter 107, Civil Practice and
Remedies Code (Permission to Sue the State).