74R9762 DLF-F
          By Smithee                                            H.B. No. 2635
          Substitute the following for H.B. No. 2635:
          By Smithee                                        C.S.H.B. No. 2635
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain bonds executed by sureties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 1, Chapter 87, Acts of the 56th
    1-5  Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
    1-6  Insurance Code), is amended by amending Subsection (a) and by
    1-7  adding Subsections (c) and (d) to read as follows:
    1-8        (a)  Whenever any bond, undertaking, recognizance or other
    1-9  obligation is, by law or the charter, ordinances, rules and
   1-10  regulations of a municipality, board, body, organization, court,
   1-11  judge or public officer, required or permitted to be made, given,
   1-12  tendered or filed, and whenever the performance of any act, duty or
   1-13  obligation, or the refraining from any act, is required or
   1-14  permitted to be guaranteed, such bond, undertaking, obligation,
   1-15  recognizance or guarantee may be executed by a surety company duly
   1-16  authorized to do business in this state; and, except as provided by
   1-17  Subsection (b) or (c) of this section, such execution by such
   1-18  company of such bond, undertaking, obligation, recognizance or
   1-19  guarantee shall be in all respects a full and complete compliance
   1-20  with every law, charter, rule or regulation that such bond,
   1-21  undertaking, obligation, recognizance or guarantee shall be
   1-22  executed by one surety or by one or more sureties, or that such
   1-23  sureties shall be residents, or householders, or freeholders, or
    2-1  either, or both, or possess any other qualification and all courts,
    2-2  judges, heads of departments, boards, bodies, municipalities, and
    2-3  public officers of every character shall accept and treat such
    2-4  bond, undertaking, obligation, recognizance or guarantee when so
    2-5  executed by such company, as conforming to, and fully and
    2-6  completely complying with, every requirement of every such law,
    2-7  charter, ordinance, rule or regulation.
    2-8        Provided, however, that any municipality may require in any
    2-9  specifications for work or supplies, on which sealed bids are
   2-10  required, that any corporate surety tender shall designate, in a
   2-11  manner satisfactory to it, an agent resident in the county of such
   2-12  municipality to whom any requisite notices may be delivered and on
   2-13  whom service of process may be had in matters arising out of such
   2-14  suretyship.
   2-15        (c)  A bond for an amount that exceeds $100,000 that is made,
   2-16  given, tendered, or filed under Subchapter H, I, or J, Chapter 53,
   2-17  Property Code, or Chapter 2253, Government Code, may be executed
   2-18  only by a surety company that is authorized and admitted to write
   2-19  surety bonds in this state and is the holder of a certificate of
   2-20  authority from the United States secretary of the treasury to
   2-21  qualify as a surety on obligations permitted or required under
   2-22  federal law.
   2-23        (d)  Subsection (c) of this section does not apply if the
   2-24  amount of the bond in excess of $100,000 is reinsured by an entity
   2-25  that is authorized and admitted in this state as a surety or
    3-1  reinsurer and that is the holder of a certificate of authority from
    3-2  the United States secretary of the treasury to qualify on
    3-3  obligations permitted or required under federal law.
    3-4        SECTION 2.  Sections 53.172, 53.202, and 53.237, Property
    3-5  Code, are amended to read as follows:
    3-6        Sec. 53.172.  Bond Requirements.  The bond must:
    3-7              (1)  describe the property on which the liens are
    3-8  claimed;
    3-9              (2)  refer to each lien claimed in a manner sufficient
   3-10  to identify it;
   3-11              (3)  be in an amount that is double the amount of the
   3-12  liens referred to in the bond unless the total amount claimed in
   3-13  the liens exceeds $40,000, in which case the bond must be in an
   3-14  amount that is the greater of 1 1/2  times the amount of the liens
   3-15  or the sum of $40,000 and the amount of the liens;
   3-16              (4)  be payable to the parties claiming the liens;
   3-17              (5)  be executed by:
   3-18                    (A)  the party filing the bond as principal; and
   3-19                    (B)  a corporate surety authorized and admitted
   3-20  to do business under the law in this state and licensed by this
   3-21  state to execute the bond as surety, subject to Section 1(c),
   3-22  Chapter 87, Acts of the 56th Legislature, Regular Session, 1959
   3-23  (Article 7.19-1, Vernon's Texas Insurance Code); and
   3-24              (6)  be conditioned substantially that the principal
   3-25  and sureties will pay to the named obligees or to their assignees
    4-1  the amount that the named obligees would have been entitled to
    4-2  recover if their claims had been proved to be valid and enforceable
    4-3  liens on the property.
    4-4        Sec. 53.202.  Bond Requirements.  The bond must:
    4-5              (1)  be in a penal sum at least equal to the total of
    4-6  the original contract amount;
    4-7              (2)  be in favor of the owner;
    4-8              (3)  have the written approval of the owner endorsed on
    4-9  it;
   4-10              (4)  be executed by:
   4-11                    (A)  the original contractor as principal; and
   4-12                    (B)  a corporate surety authorized and admitted
   4-13  to do business in this state and licensed by this state to execute
   4-14  bonds as surety, subject to Section 1(c), Chapter 87, Acts of the
   4-15  56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's
   4-16  Texas Insurance Code); and
   4-17              (5)  be conditioned on prompt payment for all labor,
   4-18  subcontracts, materials, specially fabricated materials, and normal
   4-19  and usual extras not exceeding 15 percent of the contract price.
   4-20        Sec. 53.237.  Bond Requirements.  The bond must be:
   4-21              (1)  in an amount double the amount of the claims
   4-22  filed;
   4-23              (2)  payable to the claimants;
   4-24              (3)  executed by:
   4-25                    (A)  the party filing the bond as principal; and
    5-1                    (B)  a corporate surety authorized, admitted to
    5-2  do business, and licensed by the law of this state to execute the
    5-3  bond as surety, subject to Section 1(c), Chapter 87, Acts of the
    5-4  56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's
    5-5  Texas Insurance Code); and
    5-6              (4)  conditioned that:
    5-7                    (A)  the principal and surety will pay to the
    5-8  obligees named or to their assignees the amount of the claims or
    5-9  the portions of the claims proved to be liens under this
   5-10  subchapter; and
   5-11                    (B)  the principal and surety will pay all court
   5-12  costs adjudged against the principal in actions brought by a
   5-13  claimant on the bond.
   5-14        SECTION 3.  Section 2253.001(4), Government Code, is amended
   5-15  to read as follows:
   5-16              (4)  "Public work contract" means a contract for
   5-17  constructing, altering, or repairing a public building or carrying
   5-18  out or completing any public work.  The term includes a contract
   5-19  for constructing, altering, or repairing a public building or
   5-20  carrying out or completing any public work in which an insurance
   5-21  company is fulfilling its obligation under a contract of insurance
   5-22  by arranging for the replacement of a loss rather than making a
   5-23  cash payment directly to the governmental entity.  The term does
   5-24  not include a contract with a surety company complying with an
   5-25  obligation under a bond.
    6-1        SECTION 4.  This Act takes effect September 1, 1995, and
    6-2  applies only to a bond made, given, tendered, or filed on or after
    6-3  that date.  A bond made, given, tendered, or filed before the
    6-4  effective date of this Act is governed by the law as it existed
    6-5  immediately before the effective date of this Act, and that law is
    6-6  continued in effect for that purpose.
    6-7        SECTION 5.  The importance of this legislation and the
    6-8  crowded condition of the calendars in both houses create an
    6-9  emergency and an imperative public necessity that the
   6-10  constitutional rule requiring bills to be read on three several
   6-11  days in each house be suspended, and this rule is hereby suspended.