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Amend CSHB 2039 (Senate committee report) as follows:
(1) In SECTION 1 of the bill, Section 271.151, Local
Government Code, page 1, line 20, between "bringing of an" and
"arbitration proceeding", insert "authorized".
(2) In SECTION 1 of the bill, Section 271.152, Local
Government Code, page 1, lines 47-48, strike "an express or implied
provision of".
(3) In SECTION 1 of the bill, Section 271.152, Local
Government Code, page 1, line 52, strike "an express or implied
provision of".
(4) In SECTION 1 of the bill, Section 271.153, Local
Government Code, page 1, line 60, strike ""required to carry out"
and substitute "the contractor is directed to perform by a local
governmental entity in connection with".
(5) In SECTION 1 of the bill, Section 271.153, Local
Government Code, page 2, line 2, between "except as" and "allowed",
insert "expressly".
(6) In SECTION 1 of the bill, Section 271.154, Local
Government Code, page 2, line 12, between "into the contract" and
"are enforceable", insert "or incorporated by reference".
(7) In SECTION 1 of the bill, strike Section 271.157, and
substitute a new Section 217.157 as follows:
Section 271.157. NO WAIVER OF IMMUNITY TO SUIT FOR TORT
LIABILITY. This subchapter does not waive sovereign immunity to
suit for a cause of action for a negligent or intentional tort.
(8) In SECTION 1 of the bill, Section 271.159, Local
Government Code, page 2, line 33, after "fees", insert "by specific
reference to this section".
(9) In SECTION 1 of the bill, add a Section 217.160 as
follows:
Sec. 271.160. JOINT ENTERPRISE. A contract entered into by
a local government entity is not a joint enterprise for liability
purposes.