Amend CSSB 311 by adding the following SECTIONS,
appropriately numbered, at the end of Article 14 (House Committee
Printing, page 126, between lines 26 and 27), and renumbering the
subsequent SECTIONS of the bill appropriately:
SECTION ___. Section 2260.002, Government Code, is amended to
read as follows:
Sec. 2260.002. APPLICABILITY. This chapter does not apply
to:
(1) a claim for personal injury or wrongful death
arising from the breach of a contract; or
(2) a contract executed or awarded on or before August
30, 1999.
SECTION ___. Section 2260.003(a), Government Code, is amended
to read as follows:
(a) The total amount of money recoverable on a claim for
breach of contract under this chapter may not, after deducting the
amount specified in Subsection (b), exceed an amount equal to the
sum of:
(1) the balance due and owing on the contract price;
and
(2) the amount or fair market value of orders or
requests <, including orders> for additional work made by a unit of
state government to the extent that the orders or requests for
additional work were actually performed.
SECTION ___. Section 2260.005, Government Code, is amended to
read as follows:
Sec. 2260.005. EXCLUSIVE PROCEDURE. Subject to Section
2260.007, the <The> procedures contained in this chapter are
exclusive and required prerequisites to suit in accordance with
Chapter 107, Civil Practice and Remedies Code.
SECTION ___. Subchapter A, Chapter 2260, Government Code, is
amended by adding Section 2260.007 to read as follows:
Sec. 2260.007. LEGISLATIVE PERMISSION TO SUE. (a)
Notwithstanding Section 2260.005, the legislature retains the
authority to deny or grant a waiver of immunity to suit against a
unit of state government by statute, resolution, or any other means
the legislature may determine appropriate.
(b) This chapter does not and may not be interpreted to:
(1) divest the legislature of the authority to grant
permission to sue a unit of state government on the terms,
conditions, and procedures that the legislature may specify in the
measure granting the permission;
(2) require that the legislature, in granting or
denying permission to sue a unit of state government, comply with
this chapter; or
(3) limit in any way the effect of a legislative grant
of permission to sue a unit of state government unless the grant
itself provides that this chapter may have that effect.
SECTION ___. Except for Section 2260.002(2), Government
Code, as amended by this Act, which applies according to its own
terms, the changes in law made by this article to Chapter 2260,
Government Code, apply only to a contract executed on or after the
effective date of this Act. A contract executed before the
effective date of this Act is governed by the law applicable to the
contract immediately before the effective date of this Act, and
that law is continued in effect for that purpose.