31 Tex. Admin. Code § 3.60 : NATURAL RESOURCES AND CONSERVATION — GENERAL LAND OFFICE — GENERAL PROVISIONS — NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES — Purpose and Application

(a) This subchapter is adopted pursuant to Texas Government Code, § 2260.052 and governs the negotiation and mediation of a claim of breach of contract asserted by a contractor against the Land Office under Texas Government Code, Chapter 2260.

(b) This subchapter does not apply to:

(1) claims or contracts to which Texas Government Code, Chapter 2260 does not apply;

(2) an action of the Land Office that entitles a contractor to a specific remedy pursuant to state or federal law;

(3) a contract action proposed or taken by the Land Office for which a contractor receiving Medicaid funds under that contract is entitled by state law or regulation to a hearing conducted in accordance with Texas Government Code, Chapter 2001;

(4) a contract that is solely and entirely funded by federal grant monies other than for a project defined in Texas Government Code, § 2166.001;

(5) a contract between the Land Office and the federal government or its agencies, another state, or another nation;

(6) a contract between the Land Office and another unit of state government;

(7) a contract between the Land Office and a local governmental body or a political subdivision of this or another state;

(8) a contract between a contractor and a subcontractor, officer, employee, agent, or other person furnishing goods or services to a contractor;

(9) a contract within the exclusive jurisdiction of: federal courts or regulatory bodies; or state or local regulatory bodies;

(10) a claim of a purported third-party beneficiary to a contract; or

(11) a claim based on a contract obligation that is within the GLO's sole discretion to perform.

31 Tex. Admin. Code § 3.60

Adopted by Texas Register, Volume 44, Number 47, November 22, 2019, TexReg 7186, eff. 11/25/2019