Amend CSHB 1038 as follows: (1) On page 10, line 14, strike "or". (2) On page 10, between lines 14 and 15, insert the following: (22) failure to substantially complete all the obligations under an express contract for construction without reasonable grounds for the failure, if found by a final nonappealable court judgment; or (3) On page 10, line 15, strike "(22)" and substitute "(23)". (Speaker in the chair)