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.