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).