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.