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.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.
2-5 * * * * *