79R4777 MFC-D
By: Nixon H.B. No. 1026
A BILL TO BE ENTITLED
AN ACT
relating to the resolution of certain contract claims against the
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2260.104(e), Government Code, is amended
to read as follows:
(e) In a contested case hearing under this subchapter:
(1) the decision may not be appealed except for abuse
of discretion; and
(2) the state agency may not change the finding of fact
or conclusion of law, nor vacate or modify an order as provided in
Section 2001.058(e).
SECTION 2. Section 2260.105(a), Government Code, is amended
to read as follows:
(a) Notwithstanding Section 2260.003(c)(4), the [The] unit
of state government shall pay the amount of the claim or part of the
claim, including the reasonable cost of attorney's fees in bringing
the claim, if[:
[(1)] the administrative law judge finds, by a
preponderance of the evidence, that under the laws of this state the
claim or part of the claim is valid[; and
[(2) the total amount of damages, after taking into
account any counterclaim, is less than $250,000].
SECTION 3. Section 2260.1055(a), Government Code, is
amended to read as follows:
(a) If, after a hearing, the administrative law judge
determines that a claim involves damages and attorney's fees the
total amount of which is [of $250,000 or] more than the unit of
state government has available from money appropriated to it for
the payment of contract claims and for payment of the contract that
is the subject of the claim, the administrative law judge shall
issue a written report containing the administrative law judge's
findings and recommendations to the legislature.
SECTION 4. Section 2260.104(f), Government Code, is
repealed.
SECTION 5. This Act applies only to a contested case hearing
commenced on or after the effective date of this Act. A contested
case hearing commenced before the effective date of this Act is
governed by the law applicable to the contested case hearing
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2005.