SECTION 391.705. Definitions

The following words and terms have the following meanings when used in this subchapter, unless the context clearly indicates otherwise:

(1) Chief administrative officer--The Executive Commissioner of HHSC, or their designee.

(2) Claim--A demand for damages by the contractor based upon HHSC's alleged breach of the contract.

(3) Contract--As defined by Texas Government Code §2260.001(1).

(4) Contractor--As defined by Texas Government Code §2260.001(2).

(5) Counterclaim--A demand by HHSC based upon the contractor's claim.

(6) Day--A calendar day. If an act is required to occur on a Saturday, Sunday, or holiday, then the next working day that is not one of these days is counted as the required day for the purpose of this act.

(7) Goods--Supplies, materials or equipment.

(8) HHSC--The Texas Health and Human Services Commission.

(9) Parties--HHSC and the contractor that have entered into a contract in connection with which a claim of breach of contract has been filed under this subchapter.

(10) Project--As defined in Texas Government Code §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue, or federal money, including the construction of:

(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and

(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.

(11) Public Information Act--Texas law governing the release of public information by a unit of state government, as codified in Texas Government Code, Chapter 552.

(12) State Office of Administrative Hearings (SOAH)--A state agency that resolves disputes between Texas agencies, other governmental entities, and private citizens either through an administrative hearing or mediation.

Source Note: The provisions of this §391.705 adopted to be effective May 12, 2021, 46 TexReg 3017