1 TAC §§71.81, 71.83, 71.85, 71.87, 71.91, 71.93, 71.95, 71.97, 71.99, 71.101, 71.103, 71.105, 71.107, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, 71.125
The Office of the Secretary of State adopts new §§71.81,
71.83, 71.85, 71.87, 71.91, 71.93, 71.95, 71.97, 71.99, 71.101, 71.103, 71.105,
71.107, 71.111, 71.113, 71.115, 71.117, 71.119,71, 121, 71.123, and 71.125
relating to procedures for the negotiation and mediation of certain breach
of contract claims asserted by contractors against the State of Texas pursuant
to Section 9 of House Bill 826, 76th Legislature, Chapter 68 (1999) (codified
at Government Code, Chapter 2260).
The sections are adopted without changes to the proposed text published
in the February 15, 2002,
Texas Register
(27
TexReg 1056).
Government Code § 2260.052(c) requires that units of state government
with rulemaking authority adopt rules to establish negotiation and mediation
provisions
Section 71.81 states that this Subchapter E governs the negotiation and
mediation of claims of breach of contract asserted by a contractor against
a unit of state government. Section 71.83 defines terms as they relate to
this chapter. Section 71.85 provides that the procedures in Subchapter E are
prerequisites to filing suit under Civil Practice and Remedies Code, Chapter
107 and Government Code, Chapter 2260. Section 71.7 advises that the state
has not waived sovereign immunity to suit or to liability.
Section 71.91 sets out the requirements and procedures of the notice of
claim of breach of contract that contractor must assert. Section 71.93 sets
out the requirements and procedures of the counterclaim that the unit of state
government must assert. Section 71.95 announces that the parties must negotiate
to settle the dispute. Section 71.97 provides a timetable as it relates the
negotiations between the contractor and the unit of state government. Section
71.99 describes how the parties may conduct the negotiation. Section 71.101
addresses the parties' settlement approval procedures. Section 71.103 announces
the requirements of any resulting settlement agreement. Section 71.105 states
how the parties shall handle the costs of negotiations. In the event that
the breach of contract claim is not resolved in its entirety. Section 71.107
specifies the process by which a contractor may seek resolution of the dispute
by SOAH. Section 71.111 sets the parameters for mediation by a neutral third
party of breach of contract claims and counterclaims. Section 71.113 discusses
the qualifications, immunities, and duties of a mediator. Section 71.115 pertains
to the confidentiality of a mediation and any resulting final settlement agreement.
Section 71.117 states how the parties shall handle the costs of mediation.
Section 71.119 addresses the parties' settlement approval procedures. Section
71.121 details the handling of any resulting settlement agreement. Section
71.123 states that a final settlement agreement must comply with the provisions
of §71.103 of this subchapter. Section 71.125 provides that if mediation
does not resolve the dispute the contractor may request that the claim be
referred to SOAH in accordance with §71.107 of this subchapter.
The agency received no comments concerning these rules.
Statutory Authority: Government Code, Chapter 2260.052(c).
The new rules implement Texas Government Code, Chapter 2260.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 20, 2002.
TRD-200201751
David N. Roberts
General Counsel
Office of the Secretary of State
Effective date: April 9, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 463-5562