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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of the State Office of Administrative |
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Hearings in contested case hearings involving certain contract |
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claims against the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2260.001, Government Code, is amended by |
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adding Subdivisions (2-a) and (3-a) to read as follows: |
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(2-a) "Goods" has the meaning assigned by Section |
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2155.001. |
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(3-a) "Services" has the meaning assigned by Section |
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2155.001. |
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SECTION 2. Section 2260.051, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A contractor that does not comply with the notice |
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requirements of this section with respect to a claim waives the |
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right to assert the claim. Compliance with the notice requirements |
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of this section is a prerequisite to a contested case hearing under |
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Subchapter C. |
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SECTION 3. Subchapter C, Chapter 2260, Government Code, is |
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amended by adding Section 2260.1045 to read as follows: |
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Sec. 2260.1045. JURISDICTION OF OFFICE. (a) The office |
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does not have jurisdiction over a claim brought by a contractor that |
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has not complied with the notice requirements of Section 2260.051 |
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with respect to the claim. |
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(b) On the motion of any party, the administrative law judge |
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shall conduct a hearing to determine whether the office has |
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jurisdiction over a claim. |
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(c) Within a reasonable time after the conclusion of the |
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hearing, the administrative law judge shall issue a written |
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decision. |
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(d) After issuance of the administrative law judge's |
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decision, any party may seek immediate review of the decision in a |
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Travis County district court by filing a petition not later than the |
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30th day after the date on which the decision is issued. The |
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administrative law judge shall stay proceedings in the contested |
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case hearing pending the outcome of the review by the district |
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court. |
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(e) Subchapter G, Chapter 2001, does not apply to a hearing |
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under this section. |
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SECTION 4. The change in law made by this Act applies only |
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to a claim referred to the State Office of Administrative Hearings |
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on or after the effective date of this Act. A claim referred to the |
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State Office of Administrative Hearings before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |