By Hamric H.B. No. 2979
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to retainage on highway contracts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Amend Section 223.010, Transportation Code, as
1-5 follows:
1-6 Sec. 223.010. Deposit and Investment of Retained Amount.
1-7 (a) Five percent of the contract price shall be retained until the
1-8 entire improvement has been completed and accepted except as
1-9 provided in subsection (h).
1-10 (b) At the request of the contractor and with the approval
1-11 of the department and the comptroller, the amount retained my be
1-12 deposited under a trust agreement with a state or national bank
1-13 domiciled in this state and selected by the contractor.
1-14 (c) The department shall provide a trust agreement that
1-15 protects the interests of the state.
1-16 (d) The bank, acting as escrow agent and by instructions
1-17 from the contractor, may reinvest the retained amount in a
1-18 certificate of deposit issued by a state or national bank domiciled
1-19 in this state, bank time deposit, or other similar investment
1-20 prescribed by the trust agreement.
1-21 (e) Interest earned under the trust agreement shall be paid
2-1 to the contractor unless specified otherwise under the trust
2-2 agreement.
2-3 (f) The escrow agent is responsible for all investments and
2-4 amounts resulting from the deposits of the retained amount until
2-5 released from that responsibility under the trust agreement.
2-6 (g) The contractor shall pay all expenses incident to the
2-7 deposit and all charges made by the escrow agent for custody of the
2-8 securities and forwarding of interest on those securities. Those
2-9 expenses or charges may not apply to the contract or to the state.
2-10 (h) Four percent of the contract price shall be retained
2-11 until the entire improvement has been completed and accepted on any
2-12 contract that includes the use of recycled materials.
2-13 SECTION 2. This Act takes effect September 1, 1999.
2-14 SECTION 3. EMERGENCY CLAUSE. The importance of this
2-15 legislation and the crowded condition of the calendars in both
2-16 houses create an emergency and an imperative public necessity that
2-17 the constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.