1-1     By:  Greenberg (Senate Sponsor - Wentworth)            H.B. No. 826
 1-2           (In the Senate - Received from the House April 30, 1999;
 1-3     May 3, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to alternative dispute resolution proceedings of
 1-9     governmental bodies.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 2008, Government Code, as added by
1-12     Chapter 934, Acts of the 75th Legislature, Regular Session, 1997,
1-13     is redesignated as Chapter 2009, Government Code, and amended to
1-14     read as follows:
1-15       CHAPTER 2009 [2008].  ALTERNATIVE DISPUTE RESOLUTION FOR USE BY
1-16                   GOVERNMENTAL BODIES [AT STATE AGENCIES]
1-17                      SUBCHAPTER A.  GENERAL PROVISIONS
1-18           Sec. 2009.001. [2008.001.]  SHORT TITLE.  This chapter may be
1-19     cited as the Governmental Dispute Resolution Act.
1-20           Sec. 2009.002. [2008.002.] POLICY.  It is the policy of this
1-21     state that disputes before governmental bodies [state agencies] be
1-22     resolved as fairly and expeditiously as possible and that each
1-23     governmental body [state agency] support this policy by developing
1-24     and using alternative dispute resolution procedures in appropriate
1-25     aspects of the governmental body's [agency's] operations and
1-26     programs.
1-27           Sec. 2009.003. [2008.003.]  DEFINITIONS.  In this chapter:
1-28                 (1)  "Alternative dispute resolution procedure"
1-29     includes:
1-30                       (A)  a procedure described by Chapter 154, Civil
1-31     Practice and Remedies Code; and
1-32                       (B)  a combination of the procedures described by
1-33     Chapter 154, Civil Practice and Remedies Code.
1-34                 (2)  "Governmental body" has the meaning assigned by
1-35     Section 552.003.
1-36                 (3) [(2)]  "State agency" means an officer, board,
1-37     commission, department, or other agency in the executive branch of
1-38     state government with statewide jurisdiction that makes rules or
1-39     determines contested cases.  The term includes:
1-40                       (A)  the attorney general;
1-41                       (B)  an institution of higher education as
1-42     defined by Section 61.003, Education Code; and
1-43                       (C)  the State Office of Administrative Hearings.
1-44                 (4) [(3)]  The following terms have the meanings
1-45     assigned by Section 2001.003:
1-46                       (A)  "contested case";
1-47                       (B)  "party";
1-48                       (C)  "person"; and
1-49                       (D)  "rule."
1-50           Sec. 2009.004. [2008.004.  AGENCY] CONTRACTS; BUDGETING FOR
1-51     COSTS.  (a)  A governmental body [state agency] may pay for costs
1-52     necessary to meet the objectives of this chapter, including
1-53     reasonable fees for training, policy review, system design,
1-54     evaluation, and the use of impartial third parties.
1-55           (b)  To the extent allowed by the General Appropriations Act,
1-56     a state [the] agency may use [for this purpose] money budgeted for
1-57     legal services, executive administration, or any other appropriate
1-58     aspect of the state agency's operations to pay for costs incurred
1-59     under Subsection (a).
1-60           (c) [(b)]  A governmental body [state agency] may contract
1-61     with another governmental body [state agency], including the
1-62     Center for Public Policy Dispute Resolution at The University of
1-63     Texas School of Law, with an alternative dispute resolution system
1-64     created under Chapter 152, Civil Practice and Remedies Code, or
 2-1     with a private entity for any service necessary to meet the
 2-2     objectives of this chapter.
 2-3           Sec. 2009.005. [2008.005.]  SOVEREIGN IMMUNITY.  (a)  This
 2-4     chapter does not waive immunity from suit and does not affect a
 2-5     waiver of immunity from suit contained in other law.
 2-6           (b)  The state's sovereign immunity under the Eleventh
 2-7     Amendment to the United States Constitution is not waived by this
 2-8     chapter.
 2-9           (c)  Nothing in this chapter authorizes binding arbitration
2-10     as a method of alternative dispute resolution.
2-11                SUBCHAPTER B.  ALTERNATIVE DISPUTE RESOLUTION
2-12           Sec. 2009.051. [2008.051.]  DEVELOPMENT AND USE OF
2-13     PROCEDURES.  (a) Each governmental body [state agency] may develop
2-14     and use  alternative dispute resolution procedures.  Alternative
2-15     dispute resolution procedures developed and used by a governmental
2-16     body [state agency] must be consistent with Chapter 154, Civil
2-17     Practice and  Remedies Code.
2-18           (b)  Alternative dispute resolution procedures developed and
2-19     used by a state agency also must be consistent[, and] with the
2-20     administrative  procedure law, Chapter 2001. The State Office of
2-21     Administrative Hearings may issue model guidelines for the use of
2-22     alternative dispute resolution procedures by state agencies.
2-23           (c) [(b)]  If a state agency that is subject to Chapter 2001
2-24     adopts an alternative dispute resolution procedure, it may do so by
2-25     rule.
2-26           Sec. 2009.052. [2008.052.]  SUPPLEMENTAL NATURE OF
2-27     PROCEDURES.  (a)  Alternative dispute resolution procedures
2-28     developed and used under this chapter supplement and do not limit
2-29     other dispute resolution procedures available for use by [at] a
2-30     governmental body [state agency].
2-31           (b)  This chapter may not be applied in a manner that denies
2-32     a person a right granted under other state or federal law or under
2-33     a local charter, ordinance, or other similar provision, including a
2-34     right to an administrative or judicial hearing.
2-35           Sec. 2009.053. [2008.053.]  IMPARTIAL THIRD PARTIES.  (a)  A
2-36     governmental body [state agency] may appoint a governmental officer
2-37     or employee or a private individual to serve as an impartial third
2-38     party in an alternative dispute resolution procedure.  The
2-39     governmental body's [agency's] appointment of the impartial third
2-40     party is subject to the approval of the parties, except that when a
2-41     State Office of Administrative Hearings administrative law judge
2-42     has issued an order referring a case involving a state agency to an
2-43     alternative dispute resolution procedure under Section
2-44     2003.042(a)(5) [2003.042(5)], the administrative law judge may
2-45     appoint the impartial third party for the parties if they cannot
2-46     agree on an impartial third party within a reasonable period.
2-47           (b)  [The impartial third party must possess the
2-48     qualifications required under Section 154.052, Civil Practice and
2-49     Remedies Code.]
2-50           [(c)]  A governmental body [state agency] also may obtain the
2-51     services of a qualified impartial third party through an agreement
2-52     with [the State Office of Administrative Hearings,] the Center for
2-53     Public Policy Dispute Resolution at The University of Texas School
2-54     of Law, an alternative dispute resolution system created under
2-55     Chapter 152, Civil Practice and Remedies Code, [or] another
2-56     governmental body, [state] or a federal agency or through a pooling
2-57     agreement with several governmental  bodies [state agencies].  The
2-58     agreements may provide that the using governmental body [agency] or
2-59     the parties will reimburse the furnishing entity [agency], in kind
2-60     or monetarily, for the full  or partial cost of providing the
2-61     qualified impartial third party.
2-62           (c)  A state agency may also obtain the services of a
2-63     qualified third party through an agreement with the State Office of
2-64     Administrative Hearings.
2-65           (d)  The impartial third party must possess the
2-66     qualifications required under Section 154.052, Civil Practice and
2-67     Remedies Code.  The impartial third party is subject to the
2-68     standards and duties prescribed by Section 154.053, Civil Practice
2-69     and Remedies Code, and has the qualified immunity prescribed by
 3-1     Section 154.055, Civil Practice and Remedies Code, if applicable.
 3-2           Sec. 2009.054. [2008.054.]  CONFIDENTIALITY OF CERTAIN
 3-3     RECORDS AND COMMUNICATIONS.  (a)  Sections 154.053 and 154.073,
 3-4     Civil Practice and Remedies Code, apply to the communications,
 3-5     records, conduct, and demeanor of the impartial third party and the
 3-6     parties.
 3-7           (b)  Notwithstanding Section 154.073(d), Civil Practice and
 3-8     Remedies Code:
 3-9                 (1)  a communication relevant to the dispute, and a
3-10     record of the communication, made between an impartial third party
3-11     and the parties to the dispute or between the parties to the
3-12     dispute during the course of an alternative dispute resolution
3-13     procedure are confidential and may not be disclosed unless all
3-14     parties to the dispute consent to the disclosure; and
3-15                 (2)  the notes of an impartial third party are
3-16     confidential except to the extent that the notes consist of a
3-17     record of a communication with a party and all parties have
3-18     consented to disclosure in accordance with Subdivision (1).
3-19           (c)  Subsection (b)(1) does not apply to a final written
3-20     agreement to which a governmental body [entity] is a signatory that
3-21     is reached as a result of a dispute resolution procedure conducted
3-22     under this chapter.  Information in the final written agreement is
3-23     subject to required disclosure, is excepted from required
3-24     disclosure, or is confidential in accordance with Chapter 552 and
3-25     other law.
3-26           (d)  An impartial third party may not be required to testify
3-27     in any proceedings relating to or arising out of the matter in
3-28     dispute.
3-29           Sec. 2009.055. [2008.055.  INTERAGENCY] SHARING OF
3-30     INFORMATION; CONSISTENCY OF PROCEDURES.  (a)  A governmental body
3-31     [state  agency] may share the results of its alternative dispute
3-32     resolution program with other governmental bodies [agencies] and
3-33     with the Center for Public Policy Dispute Resolution at The
3-34     University of Texas School of Law.  The center may collect and
3-35     analyze the information and report its conclusions and useful
3-36     information to governmental bodies [state agencies] and the
3-37     legislature.
3-38           (b)  Governmental bodies [State agencies] should, to the
3-39     extent feasible given [the] differences in their [agency] purpose,
3-40     jurisdiction, and constituency, adopt policies and procedures for
3-41     alternative dispute resolution that are consistent with the
3-42     policies and procedures of other governmental bodies [state
3-43     agencies].
3-44           SECTION 2.  Section 154.073, Civil Practice and Remedies
3-45     Code, is amended to read as follows:
3-46           Sec. 154.073.  CONFIDENTIALITY OF CERTAIN RECORDS AND
3-47     COMMUNICATIONS [IN DISPUTE RESOLUTION PROCEDURES].  (a)  Except as
3-48     provided by Subsections (c), [and] (d), and (e), a communication
3-49     relating to the subject matter of any civil or criminal dispute
3-50     made by a participant in an alternative dispute resolution
3-51     procedure, whether before or after the institution of formal
3-52     judicial proceedings, is confidential, is not subject to
3-53     disclosure, and may not be used as evidence against the participant
3-54     in any judicial or administrative proceeding.
3-55           (b)  Any record made at an alternative dispute resolution
3-56     procedure is confidential, and the participants or the third party
3-57     facilitating the procedure may not be required to testify in any
3-58     proceedings relating to or arising out of the matter in dispute or
3-59     be subject to process requiring disclosure of confidential
3-60     information or data relating to or arising out of the matter in
3-61     dispute.
3-62           (c)  An oral communication or written material used in or
3-63     made a part of an alternative dispute resolution procedure is
3-64     admissible or discoverable if it is admissible or discoverable
3-65     independent of the procedure.
3-66           (d)  A final written agreement to which a governmental body,
3-67     as defined by Section 552.003, Government Code, is a signatory that
3-68     is reached as a result of a dispute resolution procedure conducted
3-69     under this chapter is subject to or excepted from required
 4-1     disclosure in accordance with Chapter 552, Government Code.
 4-2           (e)  If this section conflicts with other legal requirements
 4-3     for disclosure of communications, records, or materials, the issue
 4-4     of confidentiality may be presented to the court having
 4-5     jurisdiction of the proceedings to determine, in camera, whether
 4-6     the facts, circumstances, and context of the communications or
 4-7     materials sought to be disclosed warrant a protective order of the
 4-8     court or whether the communications or materials are subject to
 4-9     disclosure.
4-10           SECTION 3.  Section 2003.001(2), Government Code, is amended
4-11     to read as follows:
4-12                 (2)  "Alternative dispute resolution procedure" has the
4-13     meaning assigned by Section 2009.003 [2008.003].
4-14           SECTION 4.  Section 2003.042(a), Government Code, is amended
4-15     to read as follows:
4-16           (a)  An administrative law judge employed by the office or a
4-17     temporary administrative law judge may:
4-18                 (1)  administer an oath;
4-19                 (2)  take testimony;
4-20                 (3)  rule on a question of evidence;
4-21                 (4)  issue an order relating to discovery or another
4-22     hearing or prehearing matter, including an order imposing a
4-23     sanction;
4-24                 (5)  issue an order that refers a case to an
4-25     alternative dispute resolution procedure, determines how the costs
4-26     of the procedure will be apportioned, and appoints an impartial
4-27     third party as described by Section 2009.053 [2008.053] to
4-28     facilitate that procedure;
4-29                 (6)  issue a proposal for decision that includes
4-30     findings of fact and conclusions of law; [and]
4-31                 (7) [(6)]  if expressly authorized by a state agency
4-32     rule adopted under Section 2001.058(f), make the final decision in
4-33     a contested case;[.]
4-34                 (8) [(7)]  serve as an impartial third party as
4-35     described by Section 2009.053 [2008.053] for a dispute referred by
4-36     an administrative law judge, unless one of the parties objects to
4-37     the appointment; and
4-38                 (9) [(8)]  serve as an impartial third party as
4-39     described by Section 2009.053 [2008.053] for a dispute referred by
4-40     a government agency under a contract.
4-41           SECTION 5.  Subtitle F, Title 10, Government Code, is amended
4-42     by adding Chapter 2260 to read as follows:
4-43            CHAPTER 2260.  RESOLUTION OF CERTAIN CONTRACT CLAIMS
4-44                              AGAINST THE STATE
4-45                      SUBCHAPTER A.  GENERAL PROVISIONS
4-46           Sec. 2260.001.  DEFINITIONS.  In this chapter:
4-47                 (1)  "Contract" means a written contract between a unit
4-48     of state government and a contractor for goods or services, or for
4-49     a project as defined by Section 2166.001.  The term does not
4-50     include a contract subject to Section 201.112, Transportation Code.
4-51                 (2)  "Contractor" means an independent contractor who
4-52     has entered into a contract directly with a unit of state
4-53     government.  The term does not include:
4-54                       (A)  a contractor's subcontractor, officer,
4-55     employee, agent, or other person furnishing goods or services to a
4-56     contractor;
4-57                       (B)  an employee of a unit of state government;
4-58     or
4-59                       (C)  a student at an institution of higher
4-60     education.
4-61                 (3)  "Institution of higher education" has the meaning
4-62     assigned by Section 61.003, Education Code.
4-63                 (4)  "Unit of state government" means the state or an
4-64     agency, department, commission, bureau, board, office, council,
4-65     court, or other entity that is in any branch of state government
4-66     and that is created by the constitution or a statute of this state,
4-67     including a university system or institution of higher education.
4-68     The term does not include a county, municipality, court of a county
4-69     or municipality, special purpose district, or other political
 5-1     subdivision of this state.
 5-2           Sec. 2260.002.  APPLICABILITY.  This chapter does not apply
 5-3     to a claim for personal injury or wrongful death arising from the
 5-4     breach of a contract.
 5-5           Sec. 2260.003.  DAMAGES.  (a)  The total amount of money
 5-6     recoverable on a claim for breach of contract under this chapter
 5-7     may not, after deducting the amount specified in Subsection (b),
 5-8     exceed the balance due and owing on the contract price, including
 5-9     orders for additional work.
5-10           (b)  Any amount owed the unit of state government for work
5-11     not performed under a contract or in substantial compliance with
5-12     its terms shall be deducted from the amount in Subsection (a).
5-13           Sec. 2260.004.  REQUIRED CONTRACT PROVISION.  (a)  Each unit
5-14     of state government that enters into a contract to which this
5-15     chapter applies shall include as a term of the contract a provision
5-16     stating that the dispute resolution process used by the unit of
5-17     state government under this chapter must be used to attempt to
5-18     resolve a dispute arising under the contract.
5-19           (b)  The attorney general shall provide assistance to a unit
5-20     of state government in developing the contract provision required
5-21     by this section.
5-22           Sec. 2260.005.  EXCLUSIVE PROCEDURE.  The procedures
5-23     contained in this chapter are exclusive and required prerequisites
5-24     to suit in accordance with Chapter 107, Civil Practice and Remedies
5-25     Code.
5-26           Sec. 2260.006.  SOVEREIGN IMMUNITY.  This chapter does not
5-27     waive sovereign immunity to suit or liability.
5-28             (Sections 2260.007-2260.050 reserved for expansion
5-29                     SUBCHAPTER B.  NEGOTIATION OF CLAIM
5-30           Sec. 2260.051.  CLAIM FOR BREACH OF CONTRACT; NOTICE.  (a) A
5-31     contractor may make a claim against a unit of state government for
5-32     breach of a contract between the unit of state government and the
5-33     contractor.  The unit of state government may assert a counterclaim
5-34     against the contractor.
5-35           (b)  A contractor must provide written notice to the unit of
5-36     state government of a claim for breach of contract not later than
5-37     the 180th day after the date of the event giving rise to the claim.
5-38           (c)  The notice must state with particularity:
5-39                 (1)  the nature of the alleged breach;
5-40                 (2)  the amount the contractor seeks as damages; and
5-41                 (3)  the legal theory of recovery.
5-42           (d)  A unit of state government must assert, in a writing
5-43     delivered to the contractor, any counterclaim not later than the
5-44     90th day after the date of notice under Subsection (b).  A unit of
5-45     state government that does not comply with this subsection waives
5-46     the right to assert the counterclaim.
5-47           Sec. 2260.052.  NEGOTIATION.  (a)  The chief administrative
5-48     officer or, if designated in the contract, another officer of the
5-49     unit of state government shall examine the claim and any
5-50     counterclaim and negotiate with the contractor in an effort to
5-51     resolve them.  Except as provided by Subsection (b), the
5-52     negotiation must begin not later than the 60th day after the later
5-53     of:
5-54                 (1)  the date of termination of the contract;
5-55                 (2)  the completion date in the original contract; or
5-56                 (3)  the date the claim is received.
5-57           (b)  A unit of state government against which a claim is
5-58     filed is entitled to delay the beginning of negotiation until after
5-59     the 180th day after the date of the event giving rise to the claim.
5-60           (c)  Each unit of state government with rulemaking authority
5-61     shall develop rules to govern the negotiation of a claim under this
5-62     section.  If a unit of state government does not have rulemaking
5-63     authority, that unit shall follow the rules adopted by the attorney
5-64     general.
5-65           Sec. 2260.053.  PARTIAL RESOLUTION OF CLAIM.  (a)  If the
5-66     negotiation under Section 2260.052 results in the resolution of
5-67     some disputed issues by agreement or in a settlement, the parties
5-68     shall reduce the agreement or settlement to writing and each party
5-69     shall sign the agreement or settlement.
 6-1           (b)  A partial settlement or resolution of a claim does not
 6-2     waive a party's rights under this chapter as to the parts of the
 6-3     claim that are not resolved.
 6-4           Sec. 2260.054.  PAYMENT OF CLAIM FROM APPROPRIATED FUNDS.  A
 6-5     unit of state government may pay a claim resolved in accordance
 6-6     with this subchapter only from money appropriated to it for payment
 6-7     of contract claims or for payment of the contract that is the
 6-8     subject of the claim.  If money previously appropriated for payment
 6-9     of contract claims or payment of the contract is insufficient to
6-10     pay the claim or settlement, the balance of the claim may be paid
6-11     only from money appropriated by the legislature for payment of the
6-12     claim.
6-13           Sec. 2260.055.  INCOMPLETE RESOLUTION.  If a claim is not
6-14     entirely resolved under Section 2260.052 on or before the 270th day
6-15     after the date the claim is filed with the unit of state
6-16     government, unless the parties agree in writing to an extension of
6-17     time, the contractor may file a request for a hearing under
6-18     Subchapter C.
6-19             (Sections 2260.056-2260.100 reserved for expansion
6-20                    SUBCHAPTER C.  CONTESTED CASE HEARING
6-21           Sec. 2260.101.  DEFINITION.  In this subchapter, "office"
6-22     means the State Office of Administrative Hearings.
6-23           Sec. 2260.102.  REQUEST FOR HEARING.  (a)  If a contractor is
6-24     not satisfied with the results of negotiation with a unit of state
6-25     government under Section 2260.052, the contractor may file a
6-26     request for a hearing with the unit of state government.
6-27           (b)  The request must:
6-28                 (1)  state the factual and legal basis for the claim;
6-29     and
6-30                 (2)  request that the claim be referred to the State
6-31     Office of Administrative Hearings for a contested case hearing.
6-32           (c)  On receipt of a request under Subsection (a), the unit
6-33     of state government shall refer the claim to the State Office of
6-34     Administrative Hearings for a contested case hearing under Chapter
6-35     2001, Government Code, as to the issues raised in the request.
6-36           Sec. 2260.103.  HEARING FEE.  (a)  The chief administrative
6-37     law judge of the office may set a fee for a hearing before the
6-38     office under this subchapter.
6-39           (b)  The chief administrative law judge of the office shall
6-40     set the fee in an amount that:
6-41                 (1)  is not less than $250; and
6-42                 (2)  allows the office to recover all or a substantial
6-43     part of its costs in holding hearings.
6-44           (c)  The chief administrative law judge of the office by rule
6-45     may establish a graduated fee scale, increasing the fee in relation
6-46     to the amount in controversy.
6-47           (d)  The office may:
6-48                 (1)  assess the fee against the party who does not
6-49     prevail in the hearing; or
6-50                 (2)  apportion the fee against the parties in an
6-51     equitable manner.
6-52           Sec. 2260.104.  HEARING.  (a)  An administrative law judge of
6-53     the office shall conduct a hearing in accordance with the
6-54     procedures adopted by the chief administrative law judge of the
6-55     office.
6-56           (b)  Within a reasonable time after the conclusion of the
6-57     hearing, the administrative law judge shall issue a written
6-58     decision containing the administrative law judge's findings and
6-59     recommendations.
6-60           (c)  The administrative law judge shall base the decision on
6-61     the pleadings filed with the office and the evidence received.
6-62           (d)  The decision must include:
6-63                 (1)  the findings of fact and conclusions of law on
6-64     which the administrative law judge's decision is based; and
6-65                 (2)  a summary of the evidence.
6-66           (e)  A person may not appeal the decision.
6-67           Sec. 2260.105.  PAYMENT OF CLAIM.  (a)  The unit of state
6-68     government shall pay the amount of the claim or part of the claim
6-69     if the administrative law judge finds, by a preponderance of the
 7-1     evidence, that under the laws of this state the claim or part of
 7-2     the claim is valid.
 7-3           (b)  A unit of state government shall pay a claim under this
 7-4     subchapter from money appropriated to it for payment of contract
 7-5     claims or for payment of the contract that is the subject of the
 7-6     claim.  If money previously appropriated for payment of contract
 7-7     claims or payment of the contract is insufficient to pay the claim,
 7-8     the balance of the claim may be paid only from money appropriated
 7-9     by the legislature for payment of the claim.
7-10           Sec. 2260.106.  PREJUDGMENT INTEREST.  Chapter 304, Finance
7-11     Code, applies to a judgment awarded to a claimant under this
7-12     chapter, except that the applicable rate of interest may not exceed
7-13     six percent.
7-14           Sec. 2260.107.  EXECUTION ON STATE PROPERTY NOT AUTHORIZED.
7-15     This chapter does not authorize execution on property owned by the
7-16     state or a unit of state government.
7-17           SECTION 6.  (a)  Except as provided by Subsection (b) of this
7-18     section, this Act takes effect immediately.
7-19           (b)  Sections 1-4 of this Act take effect September 1, 1999.
7-20           SECTION 7.  Chapter 2009, Government Code, as amended and
7-21     redesignated by this Act, and Section 154.073, Civil Practice and
7-22     Remedies Code, as amended by this Act, apply only to an alternative
7-23     dispute resolution proceeding that begins on or after September 1,
7-24     1999.  An alternative dispute resolution proceeding that began
7-25     before September 1, 1999, is governed by the law applicable to the
7-26     proceeding immediately before the effective date of this Act, and
7-27     that law is continued in effect for that purpose.
7-28           SECTION 8.  (a)  Chapter 2260, Government Code, as added by
7-29     this Act, applies only to a claim pending or arising on or after
7-30     the effective date of this Act, without regard to whether the
7-31     contract was entered into before, on, or after that date.
7-32           (b)  Notwithstanding Section 2260.051(b), Government Code, as
7-33     added by this Act, a claimant must provide written notice to the
7-34     unit of state government for a claim pending before the effective
7-35     date of this Act not later than the 180th day after that date.
7-36           SECTION 9.  Chapter 2260, Government Code, as added by this
7-37     Act, does not apply to a claim or dispute with respect to which the
7-38     76th Legislature or a previous legislature has enacted a concurrent
7-39     resolution granting permission to the contractor to bring a suit
7-40     against the state or a unit of state government.
7-41           SECTION 10.  The importance of this legislation and the
7-42     crowded condition of the calendars in both houses create an
7-43     emergency and an imperative public necessity that the
7-44     constitutional rule requiring bills to be read on three several
7-45     days in each house be suspended, and this rule is hereby suspended,
7-46     and that this Act take effect and be in force according to its
7-47     terms, and it is so enacted.
7-48                                  * * * * *