August 18, 2005

Mr. Kristofer S. Monson Assistant Solicitor General P.O. Box 12548(MC 059) Austin, TX 78711-2548

Mr. Kenneth E. McKay Locke, Lidell & Sapp, L.L.P. 600 Travis Street, Suite 3400 Houston, TX 77002-3095

RE: Case Number: 05-0666 Court of Appeals Number: 13-05-00460-CV Trial Court Number: 2003-60163

Style: IN RE THE STATE OF TEXAS, BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION

Dear Counsel:

Today, the Supreme Court of Texas granted the relators' emergency motion for temporary relief, in the above-referenced case. The Supreme Court of Texas has requested that the real party in interest file a response to the emergency motion for temporary relief and the petition for writ of mandamus, in the above styled case. The response is due to be filed in this office no later than 3:00 p.m., August 23, 2005. PLEASE NOTE that Rule 9.2(b), Tex. R. App. P. does not apply. There is no filing fee associated with this requested response. Sincerely, [pic]

Andrew Weber, Clerk

by Gena Pelham, Deputy Clerk

|cc:|Mr. Charles Bacarisse | | |Ms. Cathy Wilborn | | |Honorable Sharolyn P. | | |Wood |