81R2063 TJS-D
By: Thompson H.B. No. 2281
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of the State Office of Administrative
Hearings in contested case hearings involving certain contract
claims against the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2260.001, Government Code, is amended by
adding Subdivisions (2-a) and (3-a) to read as follows:
(2-a) "Goods" has the meaning assigned by Section
2155.001.
(3-a) "Services" has the meaning assigned by Section
2155.001.
SECTION 2. Section 2260.051, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) A contractor that does not comply with the notice
requirements of this section with respect to a claim waives the
right to assert the claim. Compliance with the notice requirements
of this section is a prerequisite to a contested case hearing under
Subchapter C.
SECTION 3. Subchapter C, Chapter 2260, Government Code, is
amended by adding Section 2260.1045 to read as follows:
Sec. 2260.1045. JURISDICTION OF OFFICE. (a) The office
does not have jurisdiction over a claim brought by a contractor that
has not complied with the notice requirements of Section 2260.051
with respect to the claim.
(b) On the motion of any party, the administrative law judge
shall conduct a hearing to determine whether the office has
jurisdiction over a claim.
(c) Within a reasonable time after the conclusion of the
hearing, the administrative law judge shall issue a written
decision.
(d) After issuance of the administrative law judge's
decision, any party may seek immediate review of the decision in a
Travis County district court by filing a petition not later than the
30th day after the date on which the decision is issued. The
administrative law judge shall stay proceedings in the contested
case hearing pending the outcome of the review by the district
court.
(e) Subchapter G, Chapter 2001, does not apply to a hearing
under this section.
SECTION 4. The change in law made by this Act applies only
to a claim referred to the State Office of Administrative Hearings
on or after the effective date of this Act. A claim referred to the
State Office of Administrative Hearings before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.