By McCall H.B. No. 2354
74R7047 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain contracts made by a governmental entity that
1-3 require a payment bond.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2253.021(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) A governmental entity that makes a public work contract
1-8 <for more than $25,000> with a prime contractor shall require the
1-9 contractor, before beginning the work, to execute to the
1-10 governmental entity:
1-11 (1) a performance bond if the contract is in excess of
1-12 $100,000; and
1-13 (2) a payment bond if the contract is in excess of
1-14 $100,000.
1-15 SECTION 2. Section 2253.022, Government Code, is repealed.
1-16 SECTION 3. (a) In addition to the changes in the law made by
1-17 this Act relating to contracts of governmental entities requiring a
1-18 payment bond, this Act conforms the provisions of the Government
1-19 Code regarding contracts requiring a performance bond and payment
1-20 bond to changes in the law made by Section 1, Chapter 865, Acts of
1-21 the 73rd Legislature, Regular Session, 1993.
1-22 (b) Section 1, Chapter 865, Acts of the 73rd Legislature,
1-23 Regular Session, 1993, is repealed.
1-24 (c) To the extent of any conflict, this Act prevails over
2-1 another Act of the 74th Legislature, Regular Session, 1995,
2-2 relating to nonsubstantive additions to and corrections in enacted
2-3 codes.
2-4 SECTION 4. Section 2253.021(a), Government Code, as amended
2-5 by this Act, applies only to a contract made on or after the
2-6 effective date of this Act. A contract made before the effective
2-7 date of this Act is governed by the law in effect on the date the
2-8 contract was made, and the former law is continued in effect for
2-9 that purpose.
2-10 SECTION 5. This Act takes effect September 1, 1995.
2-11 SECTION 6. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.