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House Bill 586 |
House Author: Workman et al. |
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Effective: 9-1-13 |
Senate Sponsor: Deuell et al. |
House Bill 586 amends the Civil Practice and Remedies Code to establish provisions relating to the adjudication of certain design and construction claims arising under written contracts with state agencies and an agency's waiver of sovereign immunity to suit for the purpose of adjudicating such claims. Among other provisions, the bill establishes the required venue for such suits, sets out limitations on adjudication awards and satisfaction of judgments, provides for the enforceability of contractual adjudication procedures, and establishes that its provisions are the exclusive remedy for such claims. The bill does not provide for a waiver of any other defense, a waiver of immunity to suit in federal court, or a waiver of immunity to suit for tort liability. The bill requires each state agency to report to the governor, the comptroller, and each house of the legislature the cost of defense to the agency and the office of the attorney general in an adjudication brought against the agency under the bill's provisions.