Texas 2025 - 89th Regular

Texas House Bill HB5435

Filed
3/14/25  
Out of House Committee
4/28/25  
Voted on by House
5/8/25  
Out of Senate Committee
5/26/25  
Voted on by Senate
5/28/25  
Governor Action
6/20/25  

Caption

Relating to required lease terms for public property leased to a nongovernmental entity.

Impact

The enactment of HB 5435 will significantly affect how public property is leased and improves regulatory compliance in construction-related projects involving governmental entities. By requiring contractors to provide performance bonds and a notice of commencement prior to the initiation of construction, the bill aims to enhance accountability and safeguard public interest in government-related projects. Public entities will be better protected against potential failures in project execution, leading to more efficient use of taxpayer resources.

Summary

House Bill 5435 pertains to the required lease terms for public property leased to nongovernmental entities in the state of Texas. The core provision of the bill mandates that leases between governmental entities and private contractors must include certain conditions, particularly emphasizing the necessity for contractors to secure payment and performance bonds. These bonds are intended to protect governmental entities and ensure that the contractors fulfill the terms of their service responsibly, in accordance with specified plans and standards.

Sentiment

General sentiment around HB 5435 has been largely supportive, with many legislators recognizing the importance of ensuring accountability among private contractors dealing with public property. The overwhelming vote in favor of the bill in both the House and Senate indicates bipartisan acknowledgment of the need for improved regulatory measures in governmental leasing practices. However, there has been some discussion regarding the implications of these requirements on smaller contractors who may find the additional bonding requirements burdensome or challenging to meet.

Contention

While the bill has widespread support, notable points of contention include concerns from some stakeholders about the practicality of the bonding requirements. Critics argue that imposing stringent bond prerequisites could restrict smaller businesses from participating in government contracts, effectively limiting competition and increasing costs for the state. Nevertheless, supporters refute these concerns, asserting that the protective measures are essential for preserving the integrity of public contracts and ensuring the successful completion of government projects.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2252. Contracts With Governmental Entity
    • Section: 909
    • Section: 909
    • Section: 909
    • Section: 909
    • Section: 909
    • Section: 909
    • Section: 909

Companion Bills

No companion bills found.

Previously Filed As

TX HB2518

Relating to required lease terms for public property leased to a nongovernmental entity; creating a criminal offense.

TX HB3625

Relating to notice requirements for a leased dwelling located in a floodplain.

TX SB1893

Relating to prohibiting the use of certain social media applications and services on devices owned or leased by governmental entities.

TX HB1556

Relating to requirements for beneficial tax treatment related to a leasehold or other possessory interest in a public facility used to provide affordable housing.

TX HB4218

Relating to liability related to a duty to retrofit certain rented or leased motor vehicles with safety devices.

TX HB2278

Relating to wrongful exclusion of handgun license holders from certain property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.

TX HB1634

Relating to requirements for beneficial tax treatment related to a leasehold or other possessory interest in a public facility used to provide multifamily housing.

TX SB1513

Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

TX SB1246

Relating to authorized investments of public money by certain governmental entities and the confidentiality of certain information related to those investments.

TX SB199

Relating to requirements for beneficial tax treatment related to a leasehold or other possessory interest in a public facility used to provide multifamily housing.

Similar Bills

No similar bills found.