By:  Ellis, Barrientos                                 S.B. No. 257
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to government contracts for which a performance or payment
    1-2  bond is required.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section A, Article 5160, Revised Statutes, is
    1-5  amended to read as follows:
    1-6        A.  Any person or persons, firm, or corporation, hereinafter
    1-7  referred to as "prime contractor," entering into a formal contract
    1-8  in excess of $150,000 <$25,000> with this State, any department,
    1-9  board or agency thereof; or any county of this State, department,
   1-10  board or agency thereof; or any municipality of this State,
   1-11  department, board or agency thereof; or any school district in this
   1-12  State, common or independent, or subdivision thereof; or any other
   1-13  governmental or quasi-governmental authority whether specifically
   1-14  named herein or not, authorized under any law of this State,
   1-15  general or local, to enter into contractual agreements for the
   1-16  construction, alteration or repair of any public building or the
   1-17  prosecution or completion of any public work, shall be required
   1-18  before commencing such work to execute to the aforementioned
   1-19  governmental authority or authorities, as the case may be, the
   1-20  statutory bonds as hereinafter prescribed, but no governmental
   1-21  authority may require a bond if the contract does not exceed the
   1-22  sum of $150,000 <$25,000>.  Each such bond shall be executed by a
   1-23  corporate surety or corporate sureties in accordance with Section
    2-1  1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959
    2-2  (Article 7.19-1, Vernon's Texas Insurance Code).  In the case of
    2-3  contracts of the State or a department, board, or agency thereof,
    2-4  the aforesaid bonds shall be payable to the State and shall be
    2-5  approved by the Attorney General as to form.  In case of all other
    2-6  contracts subject to this Act, the bonds shall be payable to the
    2-7  governmental awarding authority concerned, and shall be approved by
    2-8  it as to form.  Any bond furnished by any prime contractor in an
    2-9  attempted compliance with this Act shall be treated and construed
   2-10  as in conformity with the requirements of this Act as to rights
   2-11  created, limitations thereon, and remedies provided.  Any provision
   2-12  in any bond furnished by a prime contractor in attempted compliance
   2-13  with this Act that expands or restricts the rights or liabilities
   2-14  provided under this Act shall be disregarded and the provisions of
   2-15  this Act shall be read into that bond.
   2-16        (a)  A Performance Bond in the amount of the contract
   2-17  conditioned upon the faithful performance of the work in accordance
   2-18  with the plans, specifications, and contract documents.  Said bond
   2-19  shall be solely for the protection of the State or the governmental
   2-20  authority awarding the contract, as the case may be.
   2-21        (b)  A Payment Bond, in the amount of the contract, solely
   2-22  for the protection of all claimants supplying labor and material as
   2-23  hereinafter defined, in the prosecution of the work provided for in
   2-24  said contract, for the use of each such claimant.
   2-25        Notwithstanding any provision in this Act or in Chapter 252
    3-1  or 262, Local Government Code, if the governmental authority fails
    3-2  to obtain from the prime contractor a payment bond in compliance
    3-3  with this Act covering a contract in excess of $150,000 <$25,000>,
    3-4  the authority is subject to the same liability as that of a surety
    3-5  who had issued a valid bond if the authority had complied with this
    3-6  section, and a claimant is entitled to a lien on funds due the
    3-7  prime contractor in the same manner and to the same extent as if
    3-8  the contract were subject to Subchapter J, Chapter 53, Property
    3-9  Code.
   3-10        SECTION 2.  This Act takes effect September 1, 1993, and the
   3-11  changes in law made by this Act relating to the contractual amount
   3-12  that requires the execution of bonds apply only to a contract
   3-13  entered into on or after that date.  A contract entered into before
   3-14  the effective date of this Act is governed by Section A, Article
   3-15  5160, Revised Statutes, as it existed before the effective date of
   3-16  this Act, and the former law is continued in effect for this
   3-17  purpose.
   3-18        SECTION 3.  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.