Texas 2009 - 81st Regular

Texas House Bill HB2515 Compare Versions

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1	1	H.B. No. 2515
2	2
3	3
4	4	AN ACT
5	5	relating to certain requirements applicable to certain public
6	6	contracts.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 2253.021(a), Government Code, is amended
9	9	to read as follows:
10	10	(a) A governmental entity that makes a public work contract
11	11	with a prime contractor shall require the contractor, before
12	12	beginning the work, to execute to the governmental entity:
13	13	(1) a performance bond if the contract is in excess of
14	14	$100,000; and
15	15	(2) a payment bond if:
16	16	(A) the contract is in excess of $25,000, and the
17	17	governmental entity is not a municipality or a joint board created
18	18	under Subchapter D, Chapter 22, Transportation Code; or
19	19	(B) the contract is in excess of $50,000, and the
20	20	governmental entity is a municipality or a joint board created
21	21	under Subchapter D, Chapter 22, Transportation Code.
22	22	SECTION 2. Section 53.231, Property Code, is amended to
23	23	read as follows:
24	24	Sec. 53.231. LIEN. (a) A person who furnishes material
25	25	or labor to a contractor under a prime contract with a governmental
26	26	entity other than a municipality or a joint board created under
27	27	Subchapter D, Chapter 22, Transportation Code, that does not exceed
28	28	$25,000 and that is for public improvements in this state and who
29	29	gives notice required by this subchapter has a lien on the money,
30	30	bonds, or warrants due the contractor for the improvements.
31	31	(b) A person who furnishes material or labor to a contractor
32	32	under a prime contract with a municipality or a joint board created
33	33	under Subchapter D, Chapter 22, Transportation Code, that does not
34	34	exceed $50,000 and that is for public improvements in this state and
35	35	who gives notice required by this subchapter has a lien on the
36	36	money, bonds, or warrants due the contractor for the improvements.
37	37	SECTION 3. Section 53.234, Property Code, is amended to
38	38	read as follows:
39	39	Sec. 53.234. TIME FOR NOTICE. The lien claimant must give
40	40	notice [before any payment is made to the contractor and] not later
41	41	than the 15th day of the second month following the month in which
42	42	the labor was performed or the material furnished.
43	43	SECTION 4. The changes in law made by this Act to Section
44	44	2253.021(a), Government Code, apply only to a contract entered into
45	45	on or after the effective date of this Act. A contract entered into
46	46	before the effective date of this Act is governed by the law in
47	47	effect when the contract was entered into, and the former law is
48	48	continued in effect for that purpose.
49	49	SECTION 5. This Act takes effect September 1, 2009.
50	50	______________________________ ______________________________
51	51	President of the Senate Speaker of the House
52	52	I certify that H.B. No. 2515 was passed by the House on April
53	53	28, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
54	54	voting; and that the House concurred in Senate amendments to H.B.
55	55	No. 2515 on May 29, 2009, by the following vote: Yeas 141, Nays 0,
56	56	1 present, not voting.
57	57	______________________________
58	58	Chief Clerk of the House
59	59	I certify that H.B. No. 2515 was passed by the Senate, with
60	60	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
61	61	0.
62	62	______________________________
63	63	Secretary of the Senate
64	64	APPROVED: __________________
65	65	Date
66	66	__________________
67	67	Governor