Texas 2015 - 84th Regular

Texas House Bill HB1966

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to an account or bond for construction retainage under certain contracts.

Impact

The implementation of HB 1966 would significantly alter how construction retainage is handled in Texas. By creating a framework for construction trust fund accounts, property owners will be obliged to segregate retainage funds and ensure they are used primarily to meet their contractual obligations. This could mitigate disputes regarding payments and provide increased financial stability for construction-related professionals. Additionally, the bill introduces bonding options for property owners that can serve as an alternative to trust funds, thereby offering flexibility in how they fulfill their payment obligations.

Summary

House Bill 1966 addresses the accounting and bonding requirements for construction retainage in Texas. The legislation aims to amend the Property Code by establishing specific rules governing retainage funds that are held in trust for contractors, subcontractors, and material suppliers involved in construction projects. By mandating that retainage amounts be deposited into a construction trust fund account, the bill seeks to ensure prompt payment to beneficiaries, thus providing a mechanism for securing their financial interests and rights related to construction contracts.

Sentiment

Overall, the sentiment surrounding HB 1966 appears to be positive among construction professionals and advocates who see it as a protective measure for those working in the industry. By enforcing more stringent payment practices, the bill is viewed as a step forward in protecting laborers and contractors from potential financial exploitation. However, some concerns have been raised by property developers regarding the potential increase in project costs and the implications of additional administrative burdens associated with establishing and managing the required trust accounts.

Contention

Notable points of contention include potential pushback from industry stakeholders who fear that the new requirements for maintaining trust fund accounts may complicate existing workflows and lead to increased financial burdens. Additionally, the legislation's implications for property owners and contractors—particularly surrounding the bond requirements and trust fund management—could also lead to substantial changes in the predictability of cash flow and project financing in the construction sector.

Companion Bills

No companion bills found.

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Relating to an account or bond for construction retainage under certain contracts.

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