Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES
Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
Division 1 - GENERAL
Section 7.902 - Applicability
Universal Citation: 40 TX Admin Code ยง 7.902
Current through Reg. 49, No. 38; September 20, 2024
(a) This subchapter applies to the Texas Department of Mental Health and Mental Retardation (TDMHMR).
(b) This subchapter does not apply to an action of a unit of state government for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.
(c) This subchapter does not apply to a contract action proposed or taken by a unit of state government for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Government Code, Chapter 2001.
(d) This subchapter does not apply to contracts:
(1) between a
unit of state government and the federal government or its agencies, another
state or another nation;
(2)
between two or more units of state government;
(3) between a unit of state government and a
local governmental body, or a political subdivision of another state;
(4) between a subcontractor and a
contractor;
(5) subject to §
201.112 of the
Transportation Code;
(6) within the
exclusive jurisdiction of state or local regulatory bodies;
(7) within the exclusive jurisdiction of
federal courts or regulatory bodies; or
(8) that are solely and entirely funded by
federal grant monies other than for a project defined in §417.903.(10) of
this title (relating to Definitions).
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