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".