By: Smith of Tarrant (Senate Sponsor - Harris) H.B. No. 2515
(In the Senate - Received from the House April 29, 2009;
May 1, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 3,
Nays 0; May 18, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2515 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements applicable to certain public
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2253.021(a), Government Code, is amended
to read as follows:
(a) A governmental entity that makes a public work contract
with a prime contractor shall require the contractor, before
beginning the work, to execute to the governmental entity:
(1) a performance bond if the contract is in excess of
$100,000; and
(2) a payment bond if:
(A) the contract is in excess of $25,000, and the
governmental entity is not a municipality or a joint board created
under Subchapter D, Chapter 22, Transportation Code; or
(B) the contract is in excess of $50,000, and the
governmental entity is a municipality or a joint board created
under Subchapter D, Chapter 22, Transportation Code.
SECTION 2. Section 53.231, Property Code, is amended to
read as follows:
Sec. 53.231. LIEN. (a) A person who furnishes material
or labor to a contractor under a prime contract with a governmental
entity other than a municipality or a joint board created under
Subchapter D, Chapter 22, Transportation Code, that does not exceed
$25,000 and that is for public improvements in this state and who
gives notice required by this subchapter has a lien on the money,
bonds, or warrants due the contractor for the improvements.
(b) A person who furnishes material or labor to a contractor
under a prime contract with a municipality or a joint board created
under Subchapter D, Chapter 22, Transportation Code, that does not
exceed $50,000 and that is for public improvements in this state and
who gives notice required by this subchapter has a lien on the
money, bonds, or warrants due the contractor for the improvements.
SECTION 3. Section 53.234, Property Code, is amended to
read as follows:
Sec. 53.234. TIME FOR NOTICE. The lien claimant must give
notice [before any payment is made to the contractor and] not later
than the 15th day of the second month following the month in which
the labor was performed or the material furnished.
SECTION 4. The changes in law made by this Act to Section
2253.021(a), Government Code, apply only to a contract entered into
on or after the effective date of this Act. A contract entered into
before the effective date of this Act is governed by the law in
effect when the contract was entered into, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.
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