By:  Berlanga (Senate Sponsor - Truan)                H.B. No. 1074
                (In the Senate - Received from the House March 31, 1993;
          April 1, 1993, read first time and referred to Committee on
          Intergovernmental Relations; April 15, 1993, reported favorably by
          the following vote:  Yeas 7, Nays 0; April 15, 1993, sent to
          printer.)
                                    COMMITTEE VOTE
                                  Yea     Nay      PNV      Absent 
                Armbrister         x                               
                Leedom             x                               
                Carriker                                       x   
                Henderson                                      x   
                Madla              x                               
                Moncrief                                       x   
                Patterson          x                               
                Rosson             x                               
                Shapiro            x                               
                Wentworth          x                               
                Whitmire                                       x   
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of navigation districts and port
    1-3  authorities to establish financial criteria for surety companies
    1-4  that provide performance or payment bonds.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 60.411(a) and (d), Water Code, are
    1-7  amended to read as follows:
    1-8        (a)  If a contract is for the construction of public works or
    1-9  a contract amount exceeds $50,000, the bid specifications or
   1-10  request for proposal may require the bidder to furnish a good and
   1-11  sufficient bid bond in the amount of five percent of the total
   1-12  contract price.  A district or port authority may require that the
   1-13  bond be executed with a surety company:
   1-14              (1)  authorized to do business in this state; and
   1-15              (2)  listed on the United States Department of Treasury
   1-16  List of Approved Sureties.
   1-17        (d)  Bidders or proposal offerers for contracts subject to
   1-18  Article 5160, Revised Statutes, are required to furnish a bond as
   1-19  provided by that article, except that a district or port authority
   1-20  may require that the bond be executed with a surety company listed
   1-21  on the United States Department of Treasury List of Approved
   1-22  Sureties.
   1-23        SECTION 2.  The changes in law made by this Act apply only to
   1-24  contracts made on or after the effective date of this Act.
   1-25        SECTION 3.  This Act takes effect September 1, 1993.
   1-26        SECTION 4.  The importance of this legislation and the
   1-27  crowded condition of the calendars in both houses create an
   1-28  emergency   and   an   imperative   public   necessity   that   the
   1-29  constitutional rule requiring bills to be read on three several
   1-30  days in each house be suspended, and this rule is hereby suspended.
   1-31                               * * * * *
   1-32                                                         Austin,
   1-33  Texas
   1-34                                                         April 15, 1993
   1-35  Hon. Bob Bullock
   1-36  President of the Senate
   1-37  Sir:
   1-38  We, your Committee on Intergovernmental Relations to which was
   1-39  referred H.B. No. 1074, have had the same under consideration, and
   1-40  I am instructed to report it back to the Senate with the
   1-41  recommendation that it do pass and be printed.
   1-42                                                         Armbrister,
   1-43  Chairman
   1-44                               * * * * *
   1-45                               WITNESSES
   1-46                                                  FOR   AGAINST  ON
   1-47  ___________________________________________________________________
   1-48  Name:  Floyd Buch                                x
   1-49  Representing:  Port of Corpus Christi Author
   1-50  City:  Corpus Christi
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   1-52  Name:  Greg Brubeck                              x
   1-53  Representing:  Port of Corpus Christi Author
   1-54  City:  Corpus Christi
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