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	Amend CSHB 447 by inserting the following appropriately 
numbered ARTICLE and renumbering ARTICLES of the bill accordingly:
	ARTICLE ___.  WAIVER OF SOVEREIGN IMMUNITY
	SECTION __.01.  Section 271.151(2), Local Government Code, 
is amended to read as follows:
		(2)  "Contract subject to this subchapter" means a 
written contract that is properly executed on behalf of a local 
governmental entity and states [stating] the essential terms for an
[of the] agreement:
			(A)  for providing goods or services to or from
the local governmental entity;
			(B)  for utility services or infrastructure;                          
			(C)  affecting real property;                                         
			(D)  relating to annexation, including an 
agreement to forgo annexation;
			(E)  under Chapter 311, Tax Code; or                                  
			(F)  under Chapter 212, 245, 372, 375, 378, 383, 
or 395 [that is properly executed on behalf of the local 
governmental entity].
	SECTION __.02.  Section 271.153, Local Government Code, is 
amended to read as follows:
	Sec. 271.153.  LIMITATIONS ON ADJUDICATION AWARDS.  (a) 
Except as provided by Subsection (c), the [The] total amount of 
money awarded in an adjudication brought against a local 
governmental entity for breach of a contract subject to this 
subchapter is limited to the following:
		(1)  the balance due and owed by the local governmental 
entity under the contract as it may have been amended, including any 
amount owed as compensation for the increased cost to perform the 
work as a direct result of owner-caused delays or acceleration;
		(2)  the amount owed for change orders or additional 
work the contractor is directed to perform by a local governmental 
entity in connection with the contract;  and
		(3)  interest as allowed by law.                                              
	(b)  Except as provided by Subsection (c), damages [Damages] 
awarded in an adjudication brought against a local governmental 
entity arising under a contract subject to this subchapter may not 
include:
		(1)  consequential damages, except as expressly 
allowed under Subsection (a)(1);
		(2)  exemplary damages;  or                                                   
		(3)  damages for unabsorbed home office overhead.                             
	(c)  In an adjudication brought against a local governmental 
entity for a breach of a contract involving the provision of 
services by the local governmental entity or involving a contract 
described by Section 271.151(2)(B)-(F), the relief awarded, 
including the total amount of money awarded, is limited to:
		(1)  monetary damages as provided by Subsection (a);                   
		(2)  contractual remedies, including actual damages, 
compensatory damages, consequential damages, liquidated damages, 
and specific performance; or
		(3)  equitable relief, including injunction and writ of 
mandamus.    
	SECTION __.03.  Notwithstanding any other section of this 
Act, the changes in law made by this Article apply to a claim that 
arises under a contract executed before the effective date of this 
Act only if sovereign immunity from suit and from liability has not 
been waived with respect to the claim before the effective date of 
this Act.  A claim that arises under a contract executed before the 
effective date of this Act and with respect to which sovereign 
immunity from suit and from liability has been waived is governed by 
the law in effect on the date the contract was executed, and the 
former law is continued in effect for that purpose.