Tex.
Transp. Code Section 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 (Designation of Texas Department of Transportation as Agent in Contracting and Supervising);(2)
Chapter 223 (Bids and Contracts for Highway Projects);(3)
Chapter 361;(4)
Section 391.091 (Erection and Maintenance of Signs); or(5)
Chapter 2254 (Professional and Consulting Services), 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 (Administrative Procedure), Government Code.(c)
An administrative law judge’s proposal for decision rendered under Chapter 2001 (Administrative Procedure), 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 (Administrative Procedure), Government Code, under the substantial evidence rule.(e)
This section does not waive state immunity from liability.
Source:
Section 201.112 — Contract Claims, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.201.htm#201.112 (accessed Apr. 20, 2024).
