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