Floor Packet Page No. 524                                                   

	
Amend CSHB 4 on page 12, between lines 26 and 27, by 
inserting:            
	(e) This chapter does not apply to an action based on the 
breach of a contract or written negotiable instrument in which the 
parties to the contract or instrument have agreed in the contract or 
instrument to an amount of damages for breach or failure to perform.