By Alexander H.B. No. 2582
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the retainage of payments for a contract to improve a
1-3 state highway.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13, Chapter 186, General Laws, Acts of
1-6 the 39th Legislature, Regular Session, 1925 (Article 6674m,
1-7 Vernon's Texas Civil Statutes) is amended to read as follows:
1-8 Sec. 13. (a) Said contracts may provide for partial payments
1-9 to an amount not exceeding ninety-five per cent (95%) of the value
1-10 of the work done. Five per cent (5%) of the contract price shall
1-11 be retained until the entire work has been complete and accepted.
1-12 Provided that at the request of the contractor and with the
1-13 approval of the Texas <State Highway> Department of Transportation
1-14 and the State Treasurer the five per cent (5%) retained amount may
1-15 be deposited under the terms of a trust agreement with a state or
1-16 national bank domiciled in Texas as selected by the contractor.
1-17 Said bank, acting as escrow agent and by instructions from the
1-18 contractor, may reinvest the retained amount in certificates of
1-19 deposits issued by state or national banks domiciled in Texas, bank
1-20 time deposits, or other similar investments prescribed by the trust
1-21 agreement. Interest earned on said funds shall be paid to the
1-22 contractor unless otherwise specified under the terms of said trust
1-23 agreement. The Texas <State Highway> Department of Transportation
2-1 shall provide a trust agreement that will protect the interests of
2-2 the State of Texas. All expenses incident to the deposit and all
2-3 charges made by the escrow agent for custody of the securities and
2-4 forwarding of interest thereon shall be paid solely by the
2-5 contractor. No such expense or charge shall apply to either the
2-6 contract or the State of Texas.
2-7 (b) The limitation on partial payments and the requirement
2-8 that five per cent of the contract price be retained until the work
2-9 has been completed and accepted shall not apply to contracts for
2-10 maintenance or contracts for the making of all necessary plans and
2-11 surveys preliminary to construction, reconstruction, or
2-12 maintenance.
2-13 SECTION 2. The change in law made by Section 1 of this Act
2-14 applies only to a contract awarded on or after the effective date
2-15 of this Act. A contract awarded before the effective date of this
2-16 Act is governed by the law then in effect, and the former law is
2-17 continued in effect for that purpose.
2-18 SECTION 3. 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,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.