1-1 By: Bosse (Senate Sponsor - Brown) H.B. No. 2159 1-2 (In the Senate - Received from the House April 9, 1999; 1-3 April 12, 1999, read first time and referred to Committee on State 1-4 Affairs; May 13, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 0; May 13, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2159 By: Lucio 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the retainage of payments under certain contracts 1-11 entered into by the Texas Department of Transportation for 1-12 improvements to state highways. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Section 223.010, Transportation Code, is amended 1-15 by amending Subsection (a) and adding Subsection (h) to read as 1-16 follows: 1-17 (a) Five percent of the contract price shall be retained 1-18 until the entire improvement has been completed and accepted, 1-19 except as provided by Subsection (h). 1-20 (h) This subsection applies only to a contract that provides 1-21 for a separate vegetative establishment, maintenance, or 1-22 performance period following construction of an improvement. 1-23 Before the entire improvement is accepted, the department may 1-24 release a portion of the amount retained under Subsection (a) at 1-25 the time construction of the improvement is completed but no more 1-26 than the amount sufficient to ensure compliance with the contract. 1-27 SECTION 2. The importance of this legislation and the 1-28 crowded condition of the calendars in both houses create an 1-29 emergency and an imperative public necessity that the 1-30 constitutional rule requiring bills to be read on three several 1-31 days in each house be suspended, and this rule is hereby suspended, 1-32 and that this Act take effect and be in force from and after its 1-33 passage, and it is so enacted. 1-34 * * * * *