Enrolled Bill Summary

            House Bill 826 amends the Governmental Dispute Resolution Act to make that Act applicable not only to state agencies, as under current law, but also to other governmental bodies except for the judiciary. Amendments provide that the Act may not be applied to deny a right granted under a local charter, ordinance, or similar provision and clarify that a final written agreement under the Act's dispute resolution process is either open or excepted from required disclosure in accordance with the open records law. Related changes affect Government Code provisions concerning records management. Amendments to the Act and to records management provisions take effect September 1, 1999. A party to a dispute is not required to participate in the dispute resolution process and is not precluded from seeking other legal remedy.

            A new Government Code chapter establishes procedures for claims by a contractor against a unit of state government for breach of contract, other than claims for personal injury or wrongful death arising from such breach. The procedures provide for a negotiation of claims and counterclaims and a partial settlement or resolution of those issues, if any. If a claim is not entirely resolved within 270 days of its filing and the parties do not agree in writing to an extension of time, the contractor may file a request for a contested case hearing. An administrative law judge from the State Office of Administrative Hearings must conduct the contested case, and the attorney general is responsible for defending the state. The resultant decision is not subject to appeal or judicial review. If the administrative law judge finds that a claim involves damages of $250,000 or more, he or she must forward a written report of findings and recommendations to the legislature. Provisions of the act relating to the new chapter take effect August 30, 1999.