SRC-AAA S.B. 1443 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1443
By: Wentworth
Jurisprudence
3-26-97
As Filed


DIGEST 

Currently, contractors' opportunities to resolve breach of contract claims
with the Texas Department of Criminal Justice (TDCJ) are limited.
Contractors may seek an equitable adjustment, but these negotiations have
been protracted and unproductive.  This bill proposes a binding
arbitration panel so that claims against the TDCJ can be heard in an
independent forum, saving time and money. 

PURPOSE

As proposed, S.B. 1443 proposes a binding arbitration panel so that claims
against the TDCJ can be heard in an independent forum, saving time and
money. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the  Correctional Facilities
Construction Claims Commission in SECTION 4 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS. Defines "commission" and "state prison
construction contractor." 

SECTION 2. CORRECTIONAL FACILITIES CONSTRUCTION CLAIMS COMMISSION.  Sets
forth requirements of and establishes the Correctional Facilities
Construction Claims Commission (commission). 

SECTION 3. GENERAL POWERS AND DUTIES OF COMMISSION.  Sets forth powers and
duties of the commission. 

SECTION 4. PROCEEDINGS; PARTIES.  Sets forth the proceedings the
commission shall conduct.  Requires the commission to establish certain
procedures.  Authorizes parties to settle before an arbitration
proceeding. 

SECTION 5. EFFECT OF ORDER.  Sets forth effects of orders issued by the
commission. 

SECTION 6. PAYMENT OF AWARD.  Sets forth requirements and procedures for
payment of awards. 

SECTION 7. NO WAIVER OF SOVEREIGN IMMUNITY.  Provides that this Act is
intended to provide a process for resolving claims. Provides that this Act
does not  waive the state's sovereign immunity from civil suit. 

SECTION 8. TIME LIMIT.  Requires all proceedings before the commission to
be completed on or before June 1, 1998.  Requires a report by the
commission containing certain information to be forwarded to certain
government officials. 

SECTION 9. Emergency clause.
  Effective date: upon passage.