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