H.B. No. 2515
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2515 was passed by the House on April
28, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2515 on May 29, 2009, by the following vote: Yeas 141, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2515 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor