By Ellis                                              S.B. No. 1376

         Substitute the following for S.B. No. 1376:

         By Bosse                                          C.S.S.B. No. 1376

                                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)  Section 22.018;

1-11                 (2)  Chapter 223; or

1-12                 (3)  Chapter 2254, Government Code.

1-13           (b)  If a person with a claim is dissatisfied with the

1-14     department's resolution of the claim under the procedures

1-15     authorized under Subsection (a), the person may request a formal

1-16     administrative hearing to resolve the claim under Chapter 2001,

1-17     Government Code.

1-18           (c)  An administrative law judge's proposal for decision

1-19     rendered under Chapter 2001, Government Code, shall be submitted to

1-20     the director for adoption.  Notwithstanding any law to the

1-21     contrary, the director may change a finding of fact or conclusion

1-22     of law made by the administrative law judge, or may vacate or

1-23     modify an order issued by the administrative judge.  The director

1-24     shall provide a written statement containing the reason and legal

 2-1     basis for a change made under this subsection.

 2-2           (d)  The director's final order is subject to judicial review

 2-3     under Chapter 2001, Government Code, under the substantial evidence

 2-4     rule.

 2-5           (e)  This section does not waive state immunity from

 2-6     liability.

 2-7           SECTION 2.  Notwithstanding any other law, the procedure

 2-8     prescribed by Section 1 of this Act shall constitute the exclusive

 2-9     remedy at law for the resolution of a claim governed by that

2-10     section.

2-11           SECTION 3.  (a)  This Act applies to any claim governed by

2-12     Section 1 of this Act:

2-13           (1)  filed with the Texas Department of Transportation on or

2-14     after the effective date of this Act; or

2-15           (2)  pending before the Texas Department of Transportation on

2-16     the effective date of this Act.

2-17           (b)  For purposes of this section, a claim is pending before

2-18     the Texas Department of Transportation if the claim has been filed,

2-19     but the claimant has not sought judicial review under Chapter 2001,

2-20     Government Code.

2-21           SECTION 4.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended,

2-26     and that this Act take effect and be in force from and after its

2-27     passage, and it is so enacted.