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. 1-50 * * * * *