Texas Senate Bill SB1947

Texas 2017 - 85th Regular

Caption

Relating to adjudication of claims arising from certain written contracts with state agencies.

Impact

The bill has significant implications for state law by allowing contractors to hold state agencies accountable under the terms of contracts while clearly delineating what can be claimed. It limits the total amount recoverable in breach of contract claims to the balance due on the contract and other specified fees, thereby preventing excessive claims that could strain public resources. This structured approach is intended to foster clearer expectations for both contractors and state agencies.

Summary

SB1947 addresses the adjudication of claims arising from certain written contracts with state agencies, specifically relating to the waiver of sovereign immunity for breach of contract claims. The bill amends provisions in the Civil Practice and Remedies Code regarding the conditions under which state agencies can be sued. This allows contractors to seek redress in cases of breach, simplifying the process for adjudication while maintaining certain limitations on the damages that can be claimed.

Contention

Notably, there may be concerns about the limitations imposed on the types of damages that can be claimed. While the bill promotes accountability, critics may argue that limiting awards to only what is expressly outlined in the contract could potentially disadvantage contractors who experience unforeseen losses due to state agency actions. Some may view this amendment as a way to protect state agencies from broader liabilities, raising discussions about fairness for those doing business with the state.