1-1     By:  Ellis                                            S.B. No. 1376

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 16, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 16, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1376                   By:  Ellis

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to procedures for contract claims with the Texas

1-11     Department of Transportation.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter C, Chapter 201, Transportation Code,

1-14     is amended by adding Section 201.112 to read as follows:

1-15           Sec. 201.112.  CONTRACT CLAIMS.  (a)  The commission may by

1-16     rule establish procedures for the informal resolution of a claim

1-17     arising out of a contract described by:

1-18                 (1)  Section 22.018;

1-19                 (2)  Chapter 223; or

1-20                 (3)  Chapter 2254, Government Code.

1-21           (b)  If a person with a claim is dissatisfied with the

1-22     department's resolution of the claim under the procedures

1-23     authorized under Subsection (a), the person may request a formal

1-24     administrative hearing to resolve the claim under Chapter 2001,

1-25     Government Code.

1-26           (c)  An administrative law judge's proposal for decision

1-27     rendered under Chapter 2001, Government Code, shall be submitted to

1-28     the director for adoption.  Notwithstanding any law to the

1-29     contrary, the director may change a finding of fact or conclusion

1-30     of law made by the administrative law judge or may vacate or modify

1-31     an order issued by the administrative judge.  The director shall

1-32     provide a written statement containing the reason and legal basis

1-33     for a change made under this subsection.

1-34           (d)  The director's final order is subject to judicial review

1-35     under Chapter 2001, Government Code, under the substantial evidence

1-36     rule.

1-37           (e)  This section does not waive state immunity from

1-38     liability.

1-39           SECTION 2.  Notwithstanding any other law, the procedure

1-40     prescribed by Section 201.112, Transportation Code, as added by

1-41     Section 1 of this Act, shall constitute the exclusive remedy at law

1-42     for the resolution of a claim governed by that section.

1-43           SECTION 3.  The importance of this legislation and the

1-44     crowded condition of the calendars in both houses create an

1-45     emergency and an imperative public necessity that the

1-46     constitutional rule requiring bills to be read on three several

1-47     days in each house be suspended, and this rule is hereby suspended,

1-48     and that this Act take effect and be in force from and after its

1-49     passage, and it is so enacted.

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