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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 10TEXAS WATER DEVELOPMENT BOARD
CHAPTER 380ALTERNATIVE DISPUTE RESOLUTION
SUBCHAPTER AGENERAL PROVISIONS
RULE §380.2Applicability

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.


Source Note: The provisions of this §380.2 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective April 26, 2023, 48 TexReg 2137

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