SECTION 27.63. Applicability

(a) This subchapter does not apply to an action of the commission for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.

(b) This subchapter does not apply to a contract action proposed or taken by the commission for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Texas Government Code, Chapter 2001.

(c) This subchapter does not apply to contracts:

(1) between the commission and the federal government or its agencies, another state or another nation;

(2) between the commission and another unit of state government;

(3) between the commission 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; or

(8) that are solely and entirely funded by federal grant monies other than for a project defined in §27.65(10) of this title (relating to Definitions).

Source Note: The provisions of this §27.63 adopted to be effective February 22, 2001, 26 TexReg 1493