By Bosse H.B. No. 2118 75R5551 DRH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to procedures for contract claims with the Texas 1-3 Department of Transportation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 201, Transportation Code, 1-6 is amended by adding Section 201.112 to read as follows: 1-7 Sec. 201.112. CONTRACT CLAIMS. (a) The commission may by 1-8 rule establish procedures for the informal resolution of a claim 1-9 arising out of a contract described by: 1-10 (1) Chapter 223; or 1-11 (2) Chapter 2254, Government Code. 1-12 (b) If a person with a claim is dissatisfied with the 1-13 department's resolution of the claim under the procedures 1-14 authorized under Subsection (a), the person may request a formal 1-15 administrative hearing to resolve the claim under Chapter 2001, 1-16 Government Code. 1-17 (c) An administrative law judge's proposal for decision 1-18 rendered under Chapter 2001, Government Code, shall be submitted to 1-19 the director for adoption. Notwithstanding any law to the 1-20 contrary, the director may change a finding of fact or conclusion 1-21 of law made by the administrative law judge, or may vacate or 1-22 modify an order issued by the administrative judge. The director 1-23 shall provide a written statement containing the reason and legal 1-24 basis for a change made under this subsection. 2-1 (d) The director's final order is subject to judicial review 2-2 under Chapter 2001, Government Code, under the substantial evidence 2-3 rule. 2-4 (e) This section does not waive state immunity from 2-5 liability. 2-6 SECTION 2. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended, 2-11 and that this Act take effect and be in force from and after its 2-12 passage, and it is so enacted.