H.B. No. 31
    1-1                                AN ACT
    1-2  relating to government contracts for which a performance or payment
    1-3  bond is required; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section A, Article 5160, Revised Statutes, is
    1-6  amended to read as follows:
    1-7        A.  Any person or persons, firm, or corporation, hereinafter
    1-8  referred to as "prime contractor," entering into a formal contract
    1-9  in excess of  the amounts specified by this section <$25,000> with
   1-10  this State, any department, board or agency thereof; or any county
   1-11  of this State, department, board or agency thereof; or any
   1-12  municipality of this State, department, board or agency thereof; or
   1-13  any school district in this State, common or independent, or
   1-14  subdivision thereof; or any other governmental or
   1-15  quasi-governmental authority whether specifically named herein or
   1-16  not, authorized under any law of this State, general or local, to
   1-17  enter into contractual agreements for the construction, alteration
   1-18  or repair of any public building or the prosecution or completion
   1-19  of any public work, shall be required before commencing such work
   1-20  to execute to the aforementioned governmental authority or
   1-21  authorities, as the case may be, the statutory bonds as hereinafter
   1-22  prescribed<, but no governmental authority may require a bond if
   1-23  the contract does not exceed the sum of $25,000>.  Each such bond
   1-24  shall be executed by a corporate surety or corporate sureties in
    2-1  accordance with Section 1, Chapter 87, Acts of the 56th
    2-2  Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
    2-3  Insurance Code). In the case of contracts of the State or a
    2-4  department, board, or agency thereof, the aforesaid bonds shall be
    2-5  payable to the State and shall be approved by the Attorney General
    2-6  as to form.  In case of all other contracts subject to this Act,
    2-7  the bonds shall be payable to the governmental awarding authority
    2-8  concerned, and shall be approved by it as to form.  Any bond
    2-9  furnished by any prime contractor in an attempted compliance with
   2-10  this Act shall be treated and construed as in conformity with the
   2-11  requirements of this Act as to rights created, limitations thereon,
   2-12  and remedies provided.  Any provision in any bond furnished by a
   2-13  prime contractor in attempted compliance with this Act that expands
   2-14  or restricts the rights or liabilities provided under this Act
   2-15  shall be disregarded and the provisions of this Act shall be read
   2-16  into that bond.
   2-17        (a)  For a contract in excess of $100,000, a <A> Performance
   2-18  Bond shall be executed in the amount of the contract conditioned
   2-19  upon the faithful performance of the work in accordance with the
   2-20  plans, specifications, and contract documents.  Said bond shall be
   2-21  solely for the protection of the State or the governmental
   2-22  authority awarding the contract, as the case may be.
   2-23        (b)  For a contract in excess of $25,000, a <A> Payment Bond
   2-24  shall be executed, in the amount of the contract, solely for the
   2-25  protection of all claimants supplying labor and material as
   2-26  hereinafter defined, in the prosecution of the work provided for in
   2-27  said contract, for the use of each such claimant.
    3-1        Notwithstanding any provision in this Act or in Chapter 252
    3-2  or 262, Local Government Code, if the governmental authority fails
    3-3  to obtain from the prime contractor a payment bond in compliance
    3-4  with this Act covering a contract in excess of $25,000, the
    3-5  authority is subject to the same liability as that of a surety who
    3-6  had issued a valid bond if the authority had complied with this
    3-7  section, and a claimant is entitled to a lien on funds due the
    3-8  prime contractor in the same manner and to the same extent as if
    3-9  the contract were subject to Subchapter J, Chapter 53, Property
   3-10  Code.
   3-11        SECTION 2.  Section 252.044(b), Local Government Code, is
   3-12  repealed.
   3-13        SECTION 3.  This Act takes effect September 1, 1993, and
   3-14  applies only to a contract entered into on or after that date.  A
   3-15  contract entered into before the effective date of this Act is
   3-16  governed by the law in effect when the contract was entered into,
   3-17  and the former law is continued in effect for that purpose.
   3-18        SECTION 4.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.