By Bosse H.B. No. 2312
77R8714 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the resolution of certain claims against the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2260.001, Government Code, is amended to
1-5 read as follows:
1-6 (1) "Contract" means a written contract between a unit
1-7 of state government and a contractor for goods or services, or for
1-8 a project as defined by Section 2166.001. The term does not
1-9 include a contract subject to Section 201.112, Transportation Code,
1-10 or any contract which does not include the contract provision
1-11 required by Section 2260.004.
1-12 SECTION 2. Section 2260.001, Government Code, is amended to
1-13 read as follows:
1-14 This chapter does not apply to:
1-15 (a) a claim for personal injury or wrongful death arising
1-16 from the breach of a contract; or
1-17 (b) a contract executed or awarded on or before August 30,
1-18 1999.
1-19 SECTION 3. Subsection (a) of Section 2260.003, Government
1-20 Code, is amended to read as follows:
1-21 (a) The total amount of money recoverable on a claim for
1-22 breach of contract under this chapter may not, after deducting the
1-23 amount specified in Subsection (b), exceed the balance due and
1-24 owing on the contract price, [including] plus the amount or fair
2-1 market value of orders or requests for additional work made by a
2-2 unit of state government.
2-3 SECTION 4. Section 2260.005, Government Code, is amended to
2-4 read as follows:
2-5 (a) The procedures contained in this chapter are exclusive
2-6 and required prerequisites to suit in accordance with Chapter 107,
2-7 Civil Practice and Remedies Code.
2-8 (b) Notwithstanding subsection (a), the legislature shall
2-9 retain the authority to deny or grant a waiver of immunity to suit
2-10 against a unit of state government by statute, resolution or any
2-11 other means that the legislature may determine appropriate under
2-12 the circumstances. Nothing in this chapter or any other law:
2-13 (1) shall be interpreted as divesting the legislature
2-14 of the authority to grant permission to sue a unit of state
2-15 government on such terms, conditions and procedures as the
2-16 legislature shall specify in the measure granting such permission;
2-17 (2) to establish compliance with this chapter or any
2-18 other law as a prerequisite to the consideration, granting or
2-19 denial of such permission by the legislature; or
2-20 (3) to limit in any way the effect of the
2-21 legislature's grant of such permission, except as such permission
2-22 may be limited according to the terms of the measure granting such
2-23 permission.
2-24 SECTION 5. This Act takes effect immediately if it receives
2-25 a vote of two-thirds of all the members elected to each house, as
2-26 provided by Section 39, Article III, Texas Constitution. If this
2-27 Act does not receive the vote necessary for immediate effect, this
3-1 Act takes effect September 1, 2001.