By Dutton H.B. No. 2742
77R9027 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suits against the state for certain claims for breach
1-3 of contract.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 107.001-107.005, Civil Practice and
1-6 Remedies Code, are redesignated as Subchapter A, Chapter 107, Civil
1-7 Practice and Remedies Code, and a heading is added to that
1-8 subchapter to read as follows:
1-9 SUBCHAPTER A. RESOLUTIONS FOR PERMISSION
1-10 TO SUE THE STATE
1-11 SECTION 2. Section 107.001, Civil Practice and Remedies
1-12 Code, is amended to read as follows:
1-13 Sec. 107.001. GRANTS OF PERMISSION COVERED. This subchapter
1-14 [chapter] applies to resolutions granting permission to sue the
1-15 state or any of the agencies of government that collectively
1-16 constitute the government of this state, including agencies,
1-17 departments, bureaus, boards, commissions, offices, agencies,
1-18 councils, courts, and institutions of higher education as defined
1-19 by Section 61.003, Education Code.
1-20 SECTION 3. Section 107.003(a), Civil Practice and Remedies
1-21 Code, is amended to read as follows:
1-22 (a) A resolution may grant permission to sue the state only
1-23 in accordance with this subchapter [chapter].
1-24 SECTION 4. Section 107.005, Civil Practice and Remedies
2-1 Code, is amended to read as follows:
2-2 Sec. 107.005. EFFECT ON OTHER LAWS. This subchapter
2-3 [chapter] does not affect a waiver of immunity from suit contained
2-4 in other law.
2-5 SECTION 5. Chapter 107, Civil Practice and Remedies Code, is
2-6 amended by adding Subchapter B to read as follows:
2-7 SUBCHAPTER B. WAIVER OF IMMUNITY FROM SUIT
2-8 FOR CERTAIN CLAIMS OF BREACH OF CONTRACT
2-9 Sec. 107.031. DEFINITIONS. In this subchapter, "contract,"
2-10 "contractor," and "unit of state government" have the meanings
2-11 assigned by Section 2260.001, Government Code.
2-12 Sec. 107.032. APPLICABILITY OF SUBCHAPTER. This subchapter
2-13 applies only to a claim for breach of a contract between a unit of
2-14 state government and a contractor as to which the unit of state
2-15 government has accepted a benefit under the contract.
2-16 Sec. 107.033. WAIVER OF IMMUNITY FROM SUIT. The legislature
2-17 waives immunity from suit on a claim to which this subchapter
2-18 applies.
2-19 Sec. 107.034. NO WAIVER OF IMMUNITY FROM LIABILITY. This
2-20 subchapter does not waive to any extent immunity from liability.
2-21 SECTION 6. Section 2260.005, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 2260.005. EXCLUSIVE PROCEDURE. (a) Except as provided
2-24 by Subsection (b), the [The] procedures contained in this chapter
2-25 are exclusive and required prerequisites to suit in accordance with
2-26 Chapter 107, Civil Practice and Remedies Code.
2-27 (b) A contractor is not required to follow the procedures
3-1 contained in this chapter for a claim against a unit of state
3-2 government for breach of a contract between the unit of state
3-3 government and the contractor if the unit of state government has
3-4 accepted a benefit under the contract.
3-5 SECTION 7. Subchapter B, Chapter 107, Civil Practice and
3-6 Remedies Code, as added by this Act, and Section 2260.005,
3-7 Government Code, as amended by this Act, apply to a claim pending
3-8 on or arising on or after the effective date of this Act, without
3-9 regard to whether the contract was entered into before, on, or
3-10 after that date.
3-11 SECTION 8. This Act takes effect immediately if it receives
3-12 a vote of two-thirds of all the members elected to each house, as
3-13 provided by Section 39, Article III, Texas Constitution. If this
3-14 Act does not receive the vote necessary for immediate effect, this
3-15 Act takes effect September 1, 2001.