By Holzheauser H.B. No. 1815
Substitute the following for H.B. No. 1815:
By Denton C.S.H.B. No. 1815
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payment of vendors by the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 601(f), Section 2(b) is amended to read
1-5 as follows:
1-6 Sec. 2(b). After September 1, 1987, a payment owed by a
1-7 political subdivision based on a contract executed on or after
1-8 September 1, 1987, is due not later than the 30th calendar day
1-9 after the day on which the political subdivision received supplies,
1-10 materials, or equipment, or the day on which the performance of
1-11 services was completed or the day on which the political
1-12 subdivision received the invoice for the supplies, materials,
1-13 equipment, or services, whichever is later; however, a payment
1-14 under this subsection owed by a political subdivision whose
1-15 governing body meets only once a month is due not later than the
1-16 45th calendar day after the day on which the political subdivision
1-17 received supplies, materials, or equipment, or the day on which the
1-18 performance of services was completed or the day on which the
1-19 political subdivision received the invoice for the supplies,
1-20 materials, equipment, or services, whichever is later.
1-21 SECTION 2. Article 601(f), Section 7(a) is amended to read
1-22 as follows:
1-23 Sec. 7(a). This act does not apply to payments made by a
2-1 governmental entity or a vendor in the event:
2-2 (1) <the terms of a contract specify other times and
2-3 methods of payment or methods of resolving disputes or interest
2-4 owed on delinquent payments; or (2)> there is a bona fide dispute
2-5 between a vendor and a subcontractor or between a subcontractor and
2-6 its supplier concerning the supplies, materials, or equipment
2-7 delivered or the services performed which causes the payment to be
2-8 late; or
2-9 (2) (<3>) the terms of a federal contract, grant,
2-10 regulation, or statute prevent the governmental entity from making
2-11 a timely payment with federal funds; or
2-12 (3) (<4>) the invoice is not mailed to the addressee in
2-13 strict accordance with instructions, if any, on the purchase order
2-14 covering said payment.
2-15 SECTION 3. This Act applies only to contracts entered into
2-16 after the effective date of this Act.
2-17 SECTION 4. This Act takes effect September 1, 1993.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.