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.
 1-4           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.