Texas House Bill HB1428

Texas 2011 - 82nd Regular

• Out of House Committee: 4/1/11
• Refer: 3/1/11
• Report Pass: 3/30/11

Caption

Relating to an account for construction retainage; providing a civil penalty.

Impact

The legal changes proposed by HB 1428 primarily affect the management and oversight of construction trust fund accounts. By facilitating clearer guidelines regarding the handling of these funds, the bill intends to enhance accountability among property owners regarding financial dealings with contractors. Beneficiaries of these trust funds—typically contractors—are given increased rights, including the ability to recover actual damages and attorney's fees in the event of a breach by the property owner, in addition to a civil penalty of $500. Such measures could help deter mismanagement or unlawful withholding of funds which often plague the construction sector.

Summary

House Bill 1428 establishes new requirements pertaining to construction retainage accounts in Texas. This bill mandates that property owners who enter into construction financing agreements must maintain a 'construction trust fund account'. This account is specifically intended for the deposits of funds that the property owner retains from contractors during the construction process. The bill aims to protect funds owed to contractors and ensure that those funds are used appropriately, prioritizing the satisfaction of obligations and rights outlined in existing regulations. The provisions stipulate that these trust funds are shielded from claims by creditors or financial institutions, thereby providing an additional layer of security to contractors working on these projects.

Contention

In summary, the enactment of HB 1428 has the potential to significantly influence the financial landscape of the Texas construction market, prompting many stakeholders to reconsider their practices with regard to the retainage of funds and the establishment of trust accounts. Its effectiveness will hinge not only on its implementation but also on how willing parties are to adapt to these new legal expectations.