Amend CSHB 172 as follows:
      (1)  In Section 111.001(c), Civil Practice and Remedies Code,
as added by SECTION 1 of the bill (page 1, lines 31-33, Senate
Committee Printing), strike "to a written contract with a unit of
state government for a Project which was entered after competitive
bidding" and substitute "to a contract described by Section
111.0015".
      (2)  In Chapter 111, Civil Practice and Remedies Code, as
added by SECTION 1 of the bill (page 1, between lines 33 and 34,
Senate Committee Printing), insert new Section 111.0015 to read as
follows:
      Sec. 111.0015.  SCOPE OF CHAPTER. This chapter applies only
to a claim under a written contract for construction or engineering
services, including a project contract, that was entered into by a
Contractor and a unit of state government after competitive
bidding.
      (3)  In Section 111.002(a), Civil Practice and Remedies Code,
as added by SECTION 1 of the bill (page 1, lines 35-36, Senate
Committee Printing), strike "a Project Contract" and substitute "a
contract subject to this chapter".
      (4)  In Section 111.002(b), Civil Practice and Remedies Code,
as added by SECTION 1 of the bill (page 1, lines 41-42, Senate
Committee Printing), strike "the Project Contract" and substitute
"the contract".
      (5)  In Section 111.002, Civil Practice and Remedies Code, as
added by SECTION 1 of the bill (page 1, lines 45-57, Senate
Committee Printing), strike Subsection (c) and substitute the
following:
      (c)  The chief administrative officer or another officer of
the unit of the state government, if designated in the contract or
by the chief administrative officer, shall examine the claim and
negotiate in good faith with the Contractor in an effort to resolve
the claim.  If there is no resolution of  the claim within 30 days
after the date of receipt of the claim, the parties shall proceed
to mediation with an independent mediator selected by the parties.
The mediation shall be completed within the ensuing 30 days or
within another period as agreed by the parties.  The contract may
include additional terms for the conduct of a mediation under this
chapter, except that the contract may not require the Contractor to
waive any remedy the Contractor may have under this chapter.  The
costs of the mediation shall be borne equally by the parties to the
mediation.  If the mediation does not produce agreement as to the
claim, the chief administrative officer or another officer of the
unit of state government, if designated in the contract or by the
chief administrative officer, shall respond to the claim, providing
the factual and legal basis for the position of the unit of state
government as to the claim not later than the 30th day after the
date the mediation concludes.
      (6)  In Section 111.002, Civil Practice and Remedies Code, as
added by SECTION 1 of the bill (page 2, between lines 10 and 11,
Senate Committee Printing) insert new Subsection (g) to read as
follows:
      (g)  A determination of an administrative law judge under
this section is not subject to appeal under Chapter 2001,
Government Code, or any other law.
      (7)  In Section 111.003(a), Civil Practice and Remedies Code,
as added by SECTION 1 of the bill (page 2, line 13, Senate
Committee Printing), strike "the Contract" and substitute  "the
contract, after taking into consideration any payments made by the
unit of state government and any additional charges accepted by the
unit of state government".
      (8)  In Section 111.003(d), Civil Practice and Remedies Code,
as added by SECTION 1 of the bill (page 2, lines 19-20, Senate
Committee Printing), strike "the Project Contract" in each of the
two places it appears and substitute "the contract".
      (9)  In Chapter 111, Civil Practice and Remedies Code, as
added by SECTION 1 of the bill (page 2, between lines 21 and 22,
Senate Committee Printing), insert the following new Section
111.004:
      Sec. 111.004.  SOVEREIGN IMMUNITY NOT WAIVED. This chapter
does not waive any immunity from suit or liability otherwise
applicable to a claim.
      (10)  In SECTION 3(a) of the bill (page 2, lines 23-24,
Senate Committee Printing), in the first sentence, strike "a
Project Contract" and substitute  "a contract".
      (11)  In SECTION 3(a) of the bill (page 2, lines 25-26,
Senate Committee Printing), in the second sentence, strike "a
Project Contract" and substitute  "a contract".
      (12)  In SECTION 3(b) of the bill (page 2, line 30, Senate
Committee Printing), strike "a Project Contract" and substitute  "a
contract".