By Stiles                                             H.B. No. 1429
          Substitute the following for H.B. No. 1429:
          By Brady                                          C.S.H.B. No. 1429
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prompt payment to contractors and subcontractors in
    1-3  connection with improvements to real property.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Property Code, is amended by adding
    1-6  Chapter 28 to read as follows:
    1-7     CHAPTER 28.  PROMPT PAYMENT TO CONTRACTORS AND SUBCONTRACTORS
    1-8        Sec. 28.001.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Contractor" means a person who contracts with an
   1-10  owner to improve real property or perform construction services for
   1-11  an owner.
   1-12              (2)  "Improve" means to:
   1-13                    (A)  build, construct, effect, erect, alter,
   1-14  repair, or demolish any improvement on, connected with, or beneath
   1-15  the surface of real property;
   1-16                    (B)  excavate, clear, grade, fill, or landscape
   1-17  real property;
   1-18                    (C)  construct a driveway or roadway;
   1-19                    (D)  furnish any material, including trees or
   1-20  shrubbery, for the purpose of taking any action described by
   1-21  Subsections (A)-(C) of this subdivision; or
   1-22                    (E)  perform any labor on or in connection with
   1-23  an improvement.
   1-24              (3)  "Improvement" includes all or any part of:
    2-1                    (A)  a building, structure, erection, alteration,
    2-2  demolition, or excavation on, connected with, or beneath the
    2-3  surface of real property; and
    2-4                    (B)  the act of clearing, grading, filling, or
    2-5  landscaping real property, including constructing a driveway or
    2-6  roadway or furnishing trees or shrubbery.
    2-7              (4)  "Owner" means a person with an interest in real
    2-8  property that is improved, for whom an improvement is made, and who
    2-9  ordered the improvement to be made.
   2-10              (5)  "Real property" includes lands, leaseholds,
   2-11  tenements, hereditaments, and improvements placed on the real
   2-12  property.
   2-13              (6)  "Subcontractor" means a person who contracts to
   2-14  furnish labor or material to, or has performed labor or supplied
   2-15  materials for, a contractor or another subcontractor in connection
   2-16  with a contract to improve real property.
   2-17        Sec. 28.002.  PROMPT PAYMENT REQUIRED.  (a)  If an owner
   2-18  receives a written payment request from a contractor for an amount
   2-19  that is allowed to the contractor for properly performed work or
   2-20  suitably stored materials, the owner shall pay the amount to the
   2-21  contractor, less any statutory offsets, not later than the 30th day
   2-22  after the date the owner receives the request.
   2-23        (b)  A contractor who receives a payment under Subsection (a)
   2-24  or otherwise from an owner in connection with a contract to improve
   2-25  real property shall pay each of its subcontractors the portion of
   2-26  the owner's payment, including interest, if any, that is
   2-27  attributable to work performed or materials suitably stored by that
    3-1  subcontractor, to the extent of that subcontractor's interest in
    3-2  the owner's payment.  The payment required by this subsection must
    3-3  be made not later than the seventh working day after the date the
    3-4  contractor receives the owner's payment.
    3-5        (c)  A subcontractor who receives a payment under Subsection
    3-6  (b) or otherwise from a contractor in connection with a contract to
    3-7  improve real property shall pay each of its subcontractors the
    3-8  portion of the payment, including interest, if any, that is
    3-9  attributable to work performed or materials suitably stored by that
   3-10  subcontractor, to the extent of that subcontractor's interest in
   3-11  the payment.  The payment required by this subsection must be made
   3-12  not later than the seventh day after the date the subcontractor
   3-13  receives the contractor's payment.
   3-14        Sec. 28.003.  EXCEPTION FOR GOOD FAITH DISPUTE; WITHHOLDING.
   3-15  If a good faith dispute exists concerning the amount owed for a
   3-16  payment requested or required by this chapter, the owner,
   3-17  contractor, or subcontractor disputing its obligation to pay or the
   3-18  amount of payment may withhold from the payment owed not more than
   3-19  110 percent of the difference between the amount the obligee claims
   3-20  is due and the amount the obligor claims is due.  A good faith
   3-21  dispute includes a dispute regarding whether the work was performed
   3-22  in a proper manner.
   3-23        Sec. 28.004.  INTEREST ON OVERDUE PAYMENT.  (a)  An unpaid
   3-24  amount required under this chapter begins to accrue interest on the
   3-25  day after the date on which the payment becomes due.
   3-26        (b)  An unpaid amount bears interest at the rate of one (1)
   3-27  percent each month.
    4-1        (c)  Interest on an unpaid amount stops accruing under this
    4-2  section on the earliest of the following:
    4-3              (1)  the date of delivery;
    4-4              (2)  the date of mailing, if payment is mailed and
    4-5  delivery occurs within three days after the date it was mailed; or
    4-6              (3)  the date a judgment is entered in an action
    4-7  brought under this chapter.
    4-8        Sec. 28.005.  ACTION TO ENFORCE PAYMENT.  (a)  A person may
    4-9  bring an action to enforce the person's rights under this chapter.
   4-10        (b)  In an action brought under this chapter, the court may
   4-11  award costs and reasonable attorney's fees as the court determines
   4-12  equitable and just.
   4-13        Sec. 28.006.  NO WAIVER.  An attempted waiver of a provision
   4-14  of this chapter is void.
   4-15        Sec. 28.007.  LEGAL CONSTRUCTION.  (a)  This chapter may not
   4-16  be interpreted to void a contractor's or subcontractor's
   4-17  entitlement to payment for properly performed work or suitably
   4-18  stored materials.
   4-19        (b)  This statute may not be interpreted to change the rights
   4-20  and obligations set forth in Chapter 53, Property Code.
   4-21        SECTION 2.  This Act applies only to a contract to improve
   4-22  real property entered into on or after the effective date of this
   4-23  Act.
   4-24        SECTION 3.  This Act takes effect September 1, 1993.
   4-25        SECTION 4.  The importance of this legislation and the
   4-26  crowded condition of the calendars in both houses create an
   4-27  emergency and an imperative public necessity that the
    5-1  constitutional rule requiring bills to be read on three several
    5-2  days in each house be suspended, and this rule is hereby suspended.