By Ellis                                        S.B. No. 1376

      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.