reglab/housing_qa huggingface dataset:
TX Govt Code § 2260.051 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter B. Negotiation of Claim|Section 2260.051. Claim for Breach of Contract; Notice

Sec. 2260.051.  CLAIM FOR BREACH OF CONTRACT;  NOTICE.  (a)  A contractor may make a claim against a unit of state government for breach of a contract between the unit of state government and the contractor.  The unit of state government may assert a counterclaim against the contractor.(b)  A contractor must provide written notice to the unit of state government of a claim for breach of contract not later than the 180th day after the date of the event giving rise to the claim.(c)  The notice must state with particularity:(1)  the nature of the alleged breach;(2)  the amount the contractor seeks as damages;  and(3)  the legal theory of recovery.(d)  A unit of state government must assert, in a writing delivered to the contractor, any counterclaim not later than the 60th day after the date of notice under Subsection (b).  A unit of state government that does not comply with this subsection waives the right to assert the counterclaim.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.Amended by: Acts 2005, 79th Leg., Ch. 988 (H.B. 1940), Sec. 3, eff. September 1, 2005.|
TX Govt Code § 2260.052 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter B. Negotiation of Claim|Section 2260.052. Negotiation

Sec. 2260.052.  NEGOTIATION.(a)  The chief administrative officer or, if designated in the contract, another officer of the unit of state government shall examine the claim and any counterclaim and negotiate with the contractor in an effort to resolve them.  The negotiation must begin not later than the 120th day after the date the claim is received.(b)  Repealed by Acts 2005, 79th Leg., Ch. 988, Sec. 8, eff. September 1, 2005.(c)  Each unit of state government with rulemaking authority shall develop rules to govern the negotiation and mediation of a claim under this section.  If a unit of state government does not have rulemaking authority, that unit shall follow the rules adopted by the attorney general.  A model rule for negotiation and mediation under this chapter shall be provided for voluntary adoption by units of state government through the coordinated efforts of the State Office of Administrative Hearings and the office of the attorney general.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.Amended by: Acts 2005, 79th Leg., Ch. 988 (H.B. 1940), Sec. 4, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 988 (H.B. 1940), Sec. 8, eff. September 1, 2005.|
TX Govt Code § 2260.053 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter B. Negotiation of Claim|Section 2260.053. Partial Resolution of Claim

Sec. 2260.053.  PARTIAL RESOLUTION OF CLAIM.  (a)  If the negotiation under Section 2260.052 results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or settlement to writing and each party shall sign the agreement or settlement.(b)  A partial settlement or resolution of a claim does not waive a party's rights under this chapter as to the parts of the claim that are not resolved.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.054 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter B. Negotiation of Claim|Section 2260.054. Payment of Claim From Appropriated Funds

Sec. 2260.054.  PAYMENT OF CLAIM FROM APPROPRIATED FUNDS.  A unit of state government may pay a claim resolved in accordance with this subchapter only from money appropriated to it for payment of contract claims or for payment of the contract that is the subject of the claim.  If money previously appropriated for payment of contract claims or payment of the contract is insufficient to pay the claim or settlement, the balance of the claim may be paid only from money appropriated by the legislature for payment of the claim.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.055 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter B. Negotiation of Claim|Section 2260.055. Incomplete Resolution

Sec. 2260.055.  INCOMPLETE RESOLUTION.  If a claim is not entirely resolved under Section 2260.052 on or before the 270th day after the date the claim is filed with the unit of state government, unless the parties agree in writing to an extension of time, the contractor may file a request for a hearing under Subchapter C.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.056 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter B. Negotiation of Claim|Section 2260.056. Mediation

Sec. 2260.056.  MEDIATION.  (a)  Before the 120th day after the date the claim is filed with the unit of state government and before the expiration of any extension of time under Section 2260.055, the parties may agree to mediate a claim made under this chapter.(b)  The mediation shall be conducted in accordance with rules adopted under Section 2260.052(c).|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.Amended by: Acts 2005, 79th Leg., Ch. 988 (H.B. 1940), Sec. 5, eff. September 1, 2005.|
TX Govt Code § 2260.101 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.101. Definition

Sec. 2260.101.  DEFINITION.  In this subchapter, "office" means the State Office of Administrative Hearings.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.102 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.102. Request for Hearing

Sec. 2260.102.  REQUEST FOR HEARING.  (a)  If a contractor is not satisfied with the results of negotiation with a unit of state government under Section 2260.052, the contractor may file a request for a hearing with the unit of state government.(b)  The request must:(1)  state the factual and legal basis for the claim;  and(2)  request that the claim be referred to the State Office of Administrative Hearings for a contested case hearing.(c)  On receipt of a request under Subsection (a), the unit of state government shall refer the claim to the State Office of Administrative Hearings for a contested case hearing under Chapter 2001, Government Code, as to the issues raised in the request.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.103 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.103. Hearing Fee

Sec. 2260.103.  HEARING FEE.  (a)  The chief administrative law judge of the office may set a fee for a hearing before the office under this subchapter.(b)  The chief administrative law judge of the office shall set the fee in an amount that:(1)  is not less than $250;  and(2)  allows the office to recover all or a substantial part of its costs in holding hearings.(c)  The chief administrative law judge of the office by rule may establish a graduated fee scale, increasing the fee in relation to the amount in controversy.(d)  The office may:(1)  assess the fee against the party who does not prevail in the hearing;  or(2)  apportion the fee against the parties in an equitable manner.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.104 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.104. Hearing

Sec. 2260.104.  HEARING.  (a)  An administrative law judge of the office shall conduct a hearing in accordance with the procedures adopted by the chief administrative law judge of the office.(b)  Within a reasonable time after the conclusion of the hearing, the administrative law judge shall issue a written decision containing the administrative law judge's findings and recommendations.(c)  The administrative law judge shall base the decision on the pleadings filed with the office and the evidence received.(d)  The decision must include:(1)  the findings of fact and conclusions of law on which the administrative law judge's decision is based;  and(2)  a summary of the evidence.(e)  In a contested case hearing under this subchapter:(1)  the decision may not be appealed except for abuse of discretion; and(2)  the state agency may not change the finding of fact or conclusion of law, nor vacate or modify an order as provided in Section 2001.058(e).(f)  Subchapter G, Chapter 2001, does not apply to a hearing under this section.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.Amended by: Acts 2005, 79th Leg., Ch. 988 (H.B. 1940), Sec. 6, eff. September 1, 2005.|
TX Govt Code § 2260.105 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.105. Payment of Claim

Sec. 2260.105.  PAYMENT OF CLAIM.  (a)  The unit of state government shall pay the amount of the claim or part of the claim if:(1)  the administrative law judge finds, by a preponderance of the evidence, that under the laws of this state the claim or part of the claim is valid;  and(2)  the total amount of damages, after taking into account any counterclaim, is less than $250,000.(a-1)  The unit of state government shall pay that part of the claim that is less than $250,000 if:(1)  the administrative law judge finds, by a preponderance of the evidence, that under the laws of this state the claim or part of the claim is valid; and(2)  the total amount of the damages, after taking into account any counterclaim, equals or exceeds $250,000.(b)  A unit of state government shall pay a claim under this subchapter from money appropriated to it for payment of contract claims or for payment of the contract that is the subject of the claim.  If money previously appropriated for payment of contract claims or payment of the contract is insufficient to pay the claim, the balance of the claim may be paid only from money appropriated by the legislature for payment of the claim.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.Amended by: Acts 2005, 79th Leg., Ch. 988 (H.B. 1940), Sec. 7, eff. September 1, 2005.|
TX Govt Code § 2260.1055 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.1055. Report and Recommendation to Legislature

Sec. 2260.1055.  REPORT AND RECOMMENDATION TO LEGISLATURE.  (a)  If, after a hearing, the administrative law judge determines that a claim involves damages of $250,000 or more, the administrative law judge shall issue a written report containing the administrative law judge's findings and recommendations to the legislature.(b)  The administrative law judge may recommend that the legislature:(1)  appropriate money to pay the claim or part of the claim if the administrative law judge finds, by a preponderance of the evidence, that under the laws of this state the claim or part of the claim is valid;  or(2)  not appropriate money to pay the claim and that consent to suit under Chapter 107, Civil Practice and Remedies Code, be denied.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.106 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.106. Prejudgment Interest

Sec. 2260.106.  PREJUDGMENT INTEREST.  Chapter 304, Finance Code, applies to a judgment awarded to a claimant under this chapter, except that the applicable rate of interest may not exceed six percent.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.107 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.107. Execution on State Property Not Authorized

Sec. 2260.107.  EXECUTION ON STATE PROPERTY NOT AUTHORIZED.  This chapter does not authorize execution on property owned by the state or a unit of state government.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2260.108 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2260 - Resolution of Certain Contract Claims Against the State|Subchapter C. Contested Case Hearing|Section 2260.108. Defense by Attorney General

Sec. 2260.108.  DEFENSE BY ATTORNEY GENERAL.  (a)  The attorney general shall defend a unit of state government in a contested case hearing covered by this chapter.(b)  The attorney general may settle or compromise the portion of a claim that may result in state liability under this chapter.|Added by Acts 1999, 76th Leg., ch. 1352, Sec. 9, eff. Aug. 30, 1999.|
TX Govt Code § 2261.001 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2261 - State Contracting Standards and Oversight|Subchapter A. General Provisions|Section 2261.001. Applicability

Sec. 2261.001.  APPLICABILITY.  (a)  This chapter, other than Subchapter F, applies only to each procurement of goods or services made by a state agency that is neither made by the comptroller nor made under purchasing authority delegated to the agency by or under Section 51.9335 or 73.115, Education Code, or Section 2155.131 or 2155.132.(b)  This chapter applies to contracts and to contract management activities that are related to the procurements to which it applies.(c)  The comptroller on request shall determine whether a procurement or type of procurement:(1)  is made under purchasing authority delegated to an agency by or under Section 2155.131 or 2155.132; or(2)  is made under some other source of purchasing authority.(d)  This chapter does not apply to a procurement made by the Texas Department of Transportation or a procurement paid for by local or institutional funds of an institution of higher education.(e)  Repealed by Acts 2003, 78th Leg., ch. 309, Sec. 7.25.|Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff. Sept. 1, 1999.  Renumbered from Sec. 2259.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(71), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.25, eff. June 18, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.76, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 17, eff. September 1, 2015.|
TX Govt Code § 2261.002 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2261 - State Contracting Standards and Oversight|Subchapter A. General Provisions|Section 2261.002. Definitions

Sec. 2261.002.  DEFINITIONS.  In this chapter:(1)  "Contract" includes a grant, other than a grant made to a school district or a grant made for other academic purposes, under which the recipient of the grant is required to perform a specific act or service, supply a specific type of product, or both.(2)  "State agency" has the meaning assigned by Section 2151.002.|Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff. Sept. 1, 1999.  Renumbered from Sec. 2259.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(71), eff. Sept. 1, 2001.|
TX Govt Code § 2261.003 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2261 - State Contracting Standards and Oversight|Subchapter A. General Provisions|Section 2261.003. Open Market Purchases

Sec. 2261.003.  OPEN MARKET PURCHASES.  This chapter does not require a state agency to purchase a good or service under contract if the agency is authorized under other law to purchase the good or service on the open market.|Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff. Sept. 1, 1999.  Renumbered from Sec. 2259.003 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(71), eff. Sept. 1, 2001.|
TX Govt Code § 2261.051 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2261 - State Contracting Standards and Oversight|Subchapter B. Contractor Selection|Section 2261.051. Competitive Contractor Selection Procedures

Sec. 2261.051.  COMPETITIVE CONTRACTOR SELECTION PROCEDURES.  Each state agency shall assess its contractor selection procedures and use competitive selection procedures to the greatest extent possible when selecting contractors.|Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff. Sept. 1, 1999.  Renumbered from Sec. 2259.051 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(71), eff. Sept. 1, 2001.|
TX Govt Code § 2261.052 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2261 - State Contracting Standards and Oversight|Subchapter B. Contractor Selection|Section 2261.052. Determining Lowest and Best Bid or Proposal

Sec. 2261.052.  DETERMINING LOWEST AND BEST BID OR PROPOSAL.  (a)  In determining the lowest and best bid or proposal, a state agency shall consider:(1)  the vendor's price to provide the good or service;(2)  the probable quality of the offered good or service;  and(3)  the quality of the vendor's past performance in contracting with the agency, with other state entities, or with private sector entities.(b)  This section does not apply to a procurement covered by Section 2155.144.|Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff. Sept. 1, 1999.  Renumbered from Sec. 2259.052 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(71), eff. Sept. 1, 2001.|
TX Govt Code § 2261.0525 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2261 - State Contracting Standards and Oversight|Subchapter B. Contractor Selection|Section 2261.0525. Certification of Vendor Assessment Process

Sec. 2261.0525.  CERTIFICATION OF VENDOR ASSESSMENT PROCESS.  (a)  Before a state agency may award a contract to a vendor, the agency's procurement director must review the process and all documents used by the agency to assess each vendor who responded to the solicitation.  The procurement director must certify in writing that:(1)  the agency assessed each vendor's response to the solicitation using the evaluation criteria published in the solicitation or, if applicable, the written evaluation criteria established by the agency; and(2)  the final calculation of scoring of responses was accurate.(b)  A state agency shall justify in writing any change in the scoring of a vendor that occurs following the initial assessment and scoring of responses.  The written justification must be reviewed by the agency's procurement director.  The procurement director shall certify in writing that the change in scoring was appropriate.(c)  A state agency's procurement director may delegate to a person whose position in the agency's procurement office is at least equal to the position of contract manager the certification authority under this section if the agency has met the conditions prescribed by the comptroller under Section 2262.053(h).(d)  A written certification or justification required by this section must be placed in the contract file.|Added by Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 23, eff. September 1, 2019.|
TX Govt Code § 2261.053 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2261 - State Contracting Standards and Oversight|Subchapter B. Contractor Selection|Section 2261.053. Prohibition on Certain Bids and Contracts

Sec. 2261.053.  PROHIBITION ON CERTAIN BIDS AND CONTRACTS.  (a)  In this section:(1)  "Disaster" has the meaning assigned by Section 418.004.(2)  "Hurricane Katrina" means the hurricane of that name that struck the gulf coast region of the United States in August 2005.(b)  Except as provided by Subsection (c), a state agency may not accept a bid or award a contract that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been:(1)  convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or(2)  assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.(c)  A bid or award subject to the requirements of this section must include the following statement:"Under Section 2261.053, Government Code, the contractor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate."(d)  If a state agency determines that an individual or business entity holding a state contract was ineligible to have the bid accepted or contract awarded under Subsection (b), the state agency may immediately terminate the contract without further obligation to the contractor.(e)  This section does not create a cause of action to contest a bid or award of a state contract.|Added by Acts 2007, 80th Leg., R.S., Ch. 1302 (S.B. 608), Sec. 3, eff. September 1, 2007.|