Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 11 - CONTRACTS
Subchapter D - RESOLUTION OF CONTRACT CLAIMS
Section 11.102 - Applicability
Universal Citation: 30 TX Admin Code § 11.102
Current through Reg. 50, No. 13; March 28, 2025
(a) This chapter does not apply to an action of the agency for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.
(b) This chapter does not apply to contracts:
(1) between the agency and the federal
government or its agencies, another state, or another nation;
(2) between the agency and another unit of
state government;
(3) between the
agency and a local governmental body, or a political subdivision of another
state;
(4) between a subcontractor
and a contractor;
(5) subject to
the Transportation Code, §
201.112;
(6) within the exclusive jurisdiction of
state or local regulatory bodies;
(7) within the exclusive jurisdiction of
federal courts or regulatory bodies;
(8) for grants of funds from the agency to
grantees or subgrantees; or
(9) for
engineering, architectural, or construction services or for materials related
to engineering, architectural, or construction services brought by a party to
the written contract, in which the amount in controversy is not less than
$250,000.
(c) This subchapter applies to claims for breach of contract against the agency asserted by a contractor under Texas Government Code, Chapter 2260 and to counterclaims of the agency. No employee or agent of the commission is authorized to waive the requirements of this subchapter nor the sovereign immunity of the agency, whether by means of acceptance of goods and services or otherwise.
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