31 Tex. Admin. Code § 380.2

Current through Reg. 49, No. 45; November 8, 2024

Section 380.2 - Applicability

This chapter does not apply to:

(1) claims for personal injury or wrongful death arising from a breach of contract;

(2) an action of the board for which the contractor is entitled to a specific remedy pursuant to state or federal constitution or statute;

(3) contracts that are:

(A) between the board and:

(i) the federal government or its agencies, another state, or another nation;

(ii) a unit of state government; or

(iii) a local governmental body, or a political subdivision of another state;

(B) between a subcontractor and a contractor;

(C) within the exclusive jurisdiction of:

(i) a state or local regulatory body; or

(ii) a federal court or regulatory body; or

(D) solely and entirely funded by federal grant monies other than for a project defined in § 380.3(12) of this title (relating to Definitions); and.

(4) a claim for breach of contract to which Chapter 114, Civil Practices and Remedies Code, applies.

31 Tex. Admin. Code § 380.2

The provisions of this §380.2 adopted to be effective April 11, 2001, 26 TexReg 2746; Amended by Texas Register, Volume 48, Number 16, April 21, 2023, TexReg 2137, eff. 4/26/2023