LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 17, 1997
TO: Honorable Patricia Gray, Chair IN RE: House Bill No. 172
Committee on Civil Practices By: Nixon, Joe
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB172 ( Relating
to contract claims against a unit of state government.) this
office has detemined the following:
Biennial Net Impact to General Revenue Funds by HB172-As Introduced
No significant fiscal implication to the State is anticipated.
The
bill would amend Title 5, Civil Practice and Remedies Code,
by adding Chapter 111 which would waive the state's sovereign
immunity in suits against the state alleging breach of a written
contract. Damages are limited to the amount of the contract.
The Attorney General would be allowed to settle a suit brought
under the provisions of the bill. State agencies would pay
judgments or settlements brought about by the bill out of funds
appropriated for the property, goods, or services that the contract
would provide. If agencies cannot pay such claims, the legislature
would be authorized to appropriate funds for the payment of
these claims.
The cost to the state for claims arising pursuant to the bill
would depend on the extent to which the legislature appropriates
funds for judgments or settlements that state agencies cannot
pay. The Office of the Attorney General could provide the additional
legal services required utilizing current resources.
No fiscal implication to units of local government is anticipated.
Source: Agencies: 781 Higher Education Coordinating Board
303 General Services Commission
302 Office of the Attorney General
LBB Staff: JK ,PE ,RN ,JC