| 1 | 1 | | By: Hinojosa S.B. No. 1228 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the jurisdiction of the State Office of Administrative |
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| 7 | 7 | | Hearings in contested case hearings involving certain contract |
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| 8 | 8 | | claims against the state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2260.001, Government Code, is amended by |
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| 11 | 11 | | adding Subdivisions (2-a) and (3-a) to read as follows: |
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| 12 | 12 | | (2-a) "Goods" has the meaning assigned by Section |
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| 13 | 13 | | 2155.001. |
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| 14 | 14 | | (3-a) "Services" has the meaning assigned by Section |
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| 15 | 15 | | 2155.001. |
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| 16 | 16 | | SECTION 2. Section 2260.051, Government Code, is amended by |
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| 17 | 17 | | adding Subsection (e) to read as follows: |
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| 18 | 18 | | (e) A contractor that does not comply with the notice |
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| 19 | 19 | | requirements of this section with respect to a claim waives the |
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| 20 | 20 | | right to assert the claim. Compliance with the notice requirements |
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| 21 | 21 | | of this section is a prerequisite to a contested case hearing under |
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| 22 | 22 | | Subchapter C. |
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| 23 | 23 | | SECTION 3. Subchapter C, Chapter 2260, Government Code, is |
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| 24 | 24 | | amended by adding Section 2260.1045 to read as follows: |
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| 25 | 25 | | Sec. 2260.1045. JURISDICTION OF OFFICE. (a) The office |
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| 26 | 26 | | does not have jurisdiction over a claim brought by a contractor that |
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| 27 | 27 | | has not complied with the notice requirements of Section 2260.051 |
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| 28 | 28 | | with respect to the claim. |
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| 29 | 29 | | (b) On the motion of any party, the administrative law judge |
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| 30 | 30 | | shall conduct a hearing to determine whether the office has |
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| 31 | 31 | | jurisdiction over a claim. |
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| 32 | 32 | | (c) Within a reasonable time after the conclusion of the |
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| 33 | 33 | | hearing, the administrative law judge shall issue a written |
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| 34 | 34 | | decision. |
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| 35 | 35 | | (d) After issuance of the administrative law judge's |
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| 36 | 36 | | decision, any party may seek immediate review of the decision in a |
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| 37 | 37 | | Travis County district court by filing a petition not later than the |
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| 38 | 38 | | 30th day after the date on which the decision is issued. The |
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| 39 | 39 | | administrative law judge shall stay proceedings in the contested |
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| 40 | 40 | | case hearing pending the outcome of the review by the district |
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| 41 | 41 | | court. |
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| 42 | 42 | | (e) Subchapter G, Chapter 2001, does not apply to a hearing |
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| 43 | 43 | | under this section. |
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| 44 | 44 | | SECTION 4. The change in law made by this Act applies only |
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| 45 | 45 | | to a claim referred to the State Office of Administrative Hearings |
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| 46 | 46 | | on or after the effective date of this Act. A claim referred to the |
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| 47 | 47 | | State Office of Administrative Hearings before the effective date |
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| 48 | 48 | | of this Act is governed by the law as it existed immediately before |
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| 49 | 49 | | the effective date of this Act, and that law is continued in effect |
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| 50 | 50 | | for that purpose. |
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| 51 | 51 | | SECTION 5. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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