Amend CSHB 172 as follows:
      (1)  Strike Subsection (a) of Section 3 of the bill and
substitute the following new Subsection (a):
      (a)  Section 1 of this Act applies only to a suit based on a
Contract entered into by a unit of state government on or after the
effective date of this Act.  A suit based on a Contract entered
into before the effective date of this Act is governed by the law
as it existed immediately before the effective date of this Act,
and that law is continued in effect for this purpose.
      (2)  Add the following new Sections 2 through 4 to the bill
and renumber existing Sections 2 through 4 accordingly:
      SECTION 2.  Subchapter C, Chapter 201, Transportation Code,
is amended by adding Section 201.112 to read as follows:
      Sec. 201.112.  CONTRACT CLAIMS.  (a)  The commission may by
rule establish procedures for the informal resolution of a claim
arising out of a contract described by:
            (1)  Section 22.018;
            (2)  Chapter 223; or
            (3)  Chapter 2254, Government Code.
      (b)  If a person with a claim is dissatisfied with the
department's resolution of the claim under the procedures
authorized under Subsection (a), the person may request a formal
administrative hearing to resolve the claim under Chapter 2001,
Government Code.
      (c)  An administrative law judge's proposal for decision
rendered under Chapter 2001, Government Code, shall be submitted to
the director for adoption.  Notwithstanding any law to the
contrary, the director may change a finding of fact or conclusion
of law made by the administrative law judge, or may vacate or
modify an order issued by the administrative judge.  The director
shall provide a written statement containing the reason and legal
basis for a change made under this subsection.
      (d)  The director's final order is subject to judicial review
under Chapter 2001, Government Code, under the substantial evidence
rule.
      (e)  This section does not waive state immunity from
liability.
      SECTION 3.  Notwithstanding any other law, the procedure
prescribed by Section 2 of this Act shall constitute the exclusive
remedy at law for the resolution of a claim governed by that
section.
      SECTION 4.  (a)  Sections 2 and 3 of this Act apply to any
claim governed by Section 2 of this Act:
            (1)  filed with the Texas Department of Transportation
on or after the effective date of this Act; or
            (2)  pending before the Texas Department of
Transportation on the effective date of this Act.
      (b)  For purposes of this section, a claim is pending before
the Texas Department of Transportation if the claim has been filed,
but the claimant has not sought judicial review under Chapter 2001,
Government Code.