76R9052 JD-F                           
         By Bosse                                              H.B. No. 2159
         Substitute the following for H.B. No. 2159:
         By Alexander                                      C.S.H.B. No. 2159
                                A BILL TO BE ENTITLED
 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 period for performing vegetative establishment or
1-14     maintenance or a related activity following construction of an
1-15     improvement.  Before the entire improvement is accepted, the
1-16     department may release a portion of the amount retained under
1-17     Subsection (a) at the time construction of the improvement is
1-18     completed but no more than the amount sufficient to ensure
1-19     compliance with the contract.
1-20           SECTION 2.  The importance of this legislation and the
1-21     crowded condition of the calendars in both houses create an
1-22     emergency and an imperative public necessity that the
1-23     constitutional rule requiring bills to be read on three several
1-24     days in each house be suspended, and this rule is hereby suspended,
 2-1     and that this Act take effect and be in force from and after its
 2-2     passage, and it is so enacted.