81R3561 MTB-D
By: Bonnen H.B. No. 2533
A BILL TO BE ENTITLED
AN ACT
relating to damages to affected business entities for project
completion delays on highway projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 223, Transportation Code,
is amended by adding Section 223.0125 to read as follows:
Sec. 223.0125. PAYMENT TO AFFECTED BUSINESS ENTITIES. (a)
The schedule under Section 223.012(a) must provide for liquidated
damages to be paid by a contractor to business entities located in a
project area that are adversely affected by project completion
delays. The department shall:
(1) incorporate the schedule as part of each contract
awarded by the commission for a highway construction project;
(2) require a business entity to submit a claim to the
department before the entity may be eligible for the damages; and
(3) collect and send the damages to the entity as
provided by the schedule.
(b) The department holds damages paid by a contractor under
this section in trust for the benefit of a business entity that is
adversely affected. The money used to pay damages under this
section is held by the department outside the treasury and is
administered and disbursed by the department without an
appropriation.
(c) The department shall adopt rules to implement this
section.
(d) The state auditor shall annually conduct an audit of the
department's compliance with this section and report the results of
the audit to the legislature not later than November 1 of each year.
SECTION 2. This Act takes effect September 1, 2009.