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)