1-1     By:  Bosse (Senate Sponsor - Cain)                    H.B. No. 2312
 1-2           (In the Senate - Received from the House May 3, 2001;
 1-3     May 4, 2001, read first time and referred to Committee on
 1-4     Administration; May 8, 2001, reported favorably by the following
 1-5     vote:  Yeas 3, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the resolution of certain contract claims against the
 1-9     state.
1-11           SECTION 1. Section 2260.002, Government Code, is amended to
1-12     read as follows:
1-13           Sec. 2260.002.  APPLICABILITY. This chapter does not apply
1-14     to:
1-15                 (1)  a claim for personal injury or wrongful death
1-16     arising from the breach of a contract;
1-17                 (2)  a contract executed or awarded on or before August
1-18     30, 1999; or
1-19                 (3)  a contract that does not include the contract
1-20     provision required by Section 2260.004.
1-21           SECTION 2. Section 2260.003(a), Government Code, is amended
1-22     to read as follows:
1-23           (a)  The total amount of money recoverable on a claim for
1-24     breach of contract under this chapter may not, after deducting the
1-25     amount specified in Subsection (b), exceed an amount equal to the
1-26     sum of:
1-27                 (1)  the balance due and owing on the contract price;
1-28     and
1-29                 (2)  the amount or fair market value of orders or
1-30     requests [, including orders] for additional work made by a unit of
1-31     state government to the extent that the orders or requests for
1-32     additional work were actually performed.
1-33           SECTION 3. Section 2260.005, Government Code, is amended to
1-34     read as follows:
1-35           Sec. 2260.005.  EXCLUSIVE PROCEDURE. Subject to Section
1-36     2260.007, the [The] procedures contained in this chapter are
1-37     exclusive and required prerequisites to suit in accordance with
1-38     Chapter 107, Civil Practice and Remedies Code.
1-39           SECTION 4. Subchapter A, Chapter 2260, Government Code, is
1-40     amended by adding Section 2260.007 to read as follows:
1-41           Sec. 2260.007.  LEGISLATIVE PERMISSION TO SUE. (a)
1-42     Notwithstanding Section 2260.005, the legislature retains the
1-43     authority to deny or grant a waiver of immunity to suit against a
1-44     unit of state government by statute, resolution, or any other means
1-45     the legislature may determine appropriate.
1-46           (b)  This chapter does not and may not be interpreted to:
1-47                 (1)  divest the legislature of the authority to grant
1-48     permission to sue a unit of state government on the terms,
1-49     conditions, and procedures that the legislature may specify in the
1-50     measure granting the permission;
1-51                 (2)  require that the legislature, in granting or
1-52     denying permission to sue a unit of state government, comply with
1-53     this chapter; or
1-54                 (3)  limit in any way the effect of a legislative grant
1-55     of permission to sue a unit of state government unless the grant
1-56     itself provides that this chapter may have that effect.
1-57           SECTION 5.  (a)  This Act takes effect immediately if it
1-58     receives a vote of two-thirds of all the members elected to each
1-59     house, as provided by Section 39, Article III, Texas Constitution.
1-60     If this Act does not receive the vote necessary for immediate
1-61     effect, this Act takes effect September 1, 2001.
1-62           (b)  Except for Section 2260.002(2), Government Code, as
1-63     amended by this Act, which applies according to its own terms, this
1-64     Act applies only to a contract executed on or after the effective
 2-1     date of this Act.  A contract executed before the effective date of
 2-2     this Act is governed by the law applicable to the contract
 2-3     immediately before the effective date of this Act, and that law is
 2-4     continued in effect for that purpose.
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