77R11218 DAK-F
By Bosse H.B. No. 2312
Substitute the following for H.B. No. 2312:
By Clark C.S.H.B. No. 2312
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the resolution of certain contract claims against the
1-3 state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2260.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2260.002. APPLICABILITY. This chapter does not apply
1-8 to:
1-9 (1) a claim for personal injury or wrongful death
1-10 arising from the breach of a contract;
1-11 (2) a contract executed or awarded on or before August
1-12 30, 1999; or
1-13 (3) a contract that does not include the contract
1-14 provision required by Section 2260.004.
1-15 SECTION 2. Section 2260.003(a), Government Code, is amended
1-16 to read as follows:
1-17 (a) The total amount of money recoverable on a claim for
1-18 breach of contract under this chapter may not, after deducting the
1-19 amount specified in Subsection (b), exceed an amount equal to the
1-20 sum of:
1-21 (1) the balance due and owing on the contract price;
1-22 and
1-23 (2) the amount or fair market value of orders or
1-24 requests [, including orders] for additional work made by a unit of
2-1 state government to the extent that the orders or requests for
2-2 additional work were actually performed.
2-3 SECTION 3. Section 2260.004(a), Government Code, is amended
2-4 to read as follows:
2-5 (a) Each unit of state government that enters into a
2-6 contract [to which this chapter applies] shall include as a term of
2-7 the contract a provision stating that the dispute resolution
2-8 process used by the unit of state government under this chapter
2-9 must be used to attempt to resolve a dispute arising under the
2-10 contract.
2-11 SECTION 4. Section 2260.005, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 2260.005. EXCLUSIVE PROCEDURE. Subject to Section
2-14 2260.007, the [The] procedures contained in this chapter are
2-15 exclusive and required prerequisites to suit in accordance with
2-16 Chapter 107, Civil Practice and Remedies Code.
2-17 SECTION 5. Subchapter A, Chapter 2260, Government Code, is
2-18 amended by adding Section 2260.007 to read as follows:
2-19 Sec. 2260.007. LEGISLATIVE PERMISSION TO SUE. (a)
2-20 Notwithstanding Section 2260.005, the legislature retains the
2-21 authority to deny or grant a waiver of immunity to suit against a
2-22 unit of state government by statute, resolution, or any other means
2-23 the legislature may determine appropriate.
2-24 (b) This chapter does not and may not be interpreted to:
2-25 (1) divest the legislature of the authority to grant
2-26 permission to sue a unit of state government on the terms,
2-27 conditions, and procedures that the legislature may specify in the
3-1 measure granting the permission;
3-2 (2) require that the legislature, in granting or
3-3 denying permission to sue a unit of state government, comply with
3-4 this chapter; or
3-5 (3) limit in any way the effect of a legislative grant
3-6 of permission to sue a unit of state government unless the grant
3-7 itself provides that this chapter may have that effect.
3-8 SECTION 6. (a) This Act takes effect immediately if it
3-9 receives a vote of two-thirds of all the members elected to each
3-10 house, as provided by Section 39, Article III, Texas Constitution.
3-11 If this Act does not receive the vote necessary for immediate
3-12 effect, this Act takes effect September 1, 2001.
3-13 (b) Except for Section 2260.002(2), Government Code, as
3-14 amended by this Act, which applies according to its own terms, this
3-15 Act applies only to a contract executed on or after the effective
3-16 date of this Act. A contract executed before the effective date of
3-17 this Act is governed by the law applicable to the contract
3-18 immediately before the effective date of this Act, and that law is
3-19 continued in effect for that purpose.