Sec. 201.112. CONTRACT CLAIMS. (a) The commission may by rule establish procedures for the informal resolution of a claim arising out of a contract described by:
(1) Section 22.018;
(2) Chapter 223;
(3) Chapter 361;
(4) Section 391.091; or
(5) Chapter 2254, Government Code.
(b) If a person with a claim is dissatisfied with the department's resolution of the claim under the procedures authorized under Subsection (a), the person may request a formal administrative hearing to resolve the claim under Chapter 2001, Government Code.
(c) An administrative law judge's proposal for decision rendered under Chapter 2001, Government Code, shall be submitted to the director for adoption. Notwithstanding any law to the contrary, the director may change a finding of fact or conclusion of law made by the administrative law judge or may vacate or modify an order issued by the administrative law judge. The director shall provide a written statement containing the reason and legal basis for a change made under this subsection.
(d) The director's final order is subject to judicial review under Chapter 2001, Government Code, under the substantial evidence rule.
(e) This section does not waive state immunity from liability.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.36(a), eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 312, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 713, Sec. 3, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 20.001, eff. September 1, 2005.
Structure Texas Statutes
Subtitle A - Texas Department of Transportation
Chapter 201 - General Provisions and Administration
Subchapter C. Commission's Powers and Duties
Section 201.101. Rules; Records
Section 201.102. Separation of Responsibilities
Section 201.103. Comprehensive System of Highways and Roads
Section 201.104. Designation of Farm-to-Market Roads
Section 201.105. Department Districts
Section 201.1055. Agreements With Private Entities
Section 201.1056. Agreements for Services on Federal Military Property
Section 201.106. Settlement of Claims; Purchase of Liability Insurance
Section 201.1075. Chief Financial Officer
Section 201.108. Internal Auditor
Section 201.109. Revenue Enhancement
Section 201.110. Contract With Adjoining State for Improvement of Road Crossing States' Boundary
Section 201.111. Recommendation of Engineer; Determination of Fitness
Section 201.112. Contract Claims
Section 201.113. Agreements With Regional Tollway Authorities
Section 201.114. Border Trade Advisory Committee
Section 201.115. Borrowing Money
Section 201.116. Application Requirement for Colonias Projects
Section 201.117. Advisory Committees
Section 201.118. Negotiated Rulemaking; Alternative Dispute Resolution Procedures