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.