1-1                                   AN ACT
 1-2     relating to the retainage of payments under certain contracts
 1-3     entered into by the Texas Department of Transportation for
 1-4     improvements to state highways.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 223.010, Transportation Code, is amended
 1-7     by amending Subsection (a) and adding Subsection (h) to read as
 1-8     follows:
 1-9           (a)  Five percent of the contract price shall be retained
1-10     until the entire improvement has been completed and accepted,
1-11     except as provided by Subsection (h).
1-12           (h)  This subsection applies only to a contract that provides
1-13     for a separate vegetative establishment, maintenance, or
1-14     performance period following construction of an improvement.
1-15     Before the entire improvement is accepted, the department may
1-16     release a portion of the amount retained under Subsection (a) at
1-17     the time construction of the improvement is completed but no more
1-18     than the amount sufficient to ensure compliance with the contract.
1-19           SECTION 2.  The importance of this legislation and the
1-20     crowded condition of the calendars in both houses create an
1-21     emergency and an imperative public necessity that the
1-22     constitutional rule requiring bills to be read on three several
1-23     days in each house be suspended, and this rule is hereby suspended,
1-24     and that this Act take effect and be in force from and after its
 2-1     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2159 was passed by the House on April
         8, 1999, by the following vote:  Yeas 144, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 2159 on May 22, 1999, by the following vote:  Yeas 142, Nays 0,
         1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2159 was passed by the Senate, with
         amendments, on May 20, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor