By Shields H.B. No. 3704
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement for the name, address, and phone number
1-3 of the bondsman to appear on the face of performance and payment
1-4 bonds.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2253.021, Government Code, is amended by
1-7 adding Subsection (f) to read as follows:
1-8 (f) All bonds required under this chapter shall clearly and
1-9 prominently display on the face of the bond:
1-10 (1) the name of the surety issuing the bond; and
1-11 (2) the name of the surety contact person, if any,
1-12 mailing address, physical address, area code, and telephone number
1-13 to whom any notice of claims should be given.
1-14 SECTION 2. Section 2253.024(a), Government Code, is amended
1-15 to read as follows:
1-16 (a) A prime contractor, on the written request of a person
1-17 who provides public work labor or material and when required by
1-18 Subsection (c), shall provide to the person:
1-19 (1) the name and last known address of the
1-20 governmental entity with whom the prime contractor contracted for
1-21 the public work; [and]
1-22 (2) a copy of the payment and performance bonds for
1-23 the public work, including bonds furnished by or to the prime
1-24 contractor;
2-1 (3) the name of the surety issuing the bond; and
2-2 (4) the name of the surety contact person, if any, and
2-3 the mailing address, physical address, area code, and telephone
2-4 number to whom any notice of claim should be given.
2-5 SECTION 3. Section 2253.026(a), Government Code, is amended
2-6 to read as follows:
2-7 (a) A governmental entity shall furnish:
2-8 (1) a certified copy of a payment bond;
2-9 (2) [and] the public work contract for which the bond
2-10 was given;
2-11 (3) the name of the surety issuing the bond; and
2-12 (4) the name of the surety contact person, if any, and
2-13 the mailing address, physical address, area code, and telephone
2-14 number to whom any notice of claim should be given to any person
2-15 who applies for the information [copy] and who submits an affidavit
2-16 that the person:
2-17 (A) [(1)] has supplied public work labor or
2-18 material for which the person has not been paid;
2-19 (B) [(2)] has contracted for specially
2-20 fabricated material for which the person has not been paid; or
2-21 (C) [(3)] is being sued on a payment bond.
2-22 SECTION 4. This Act takes effect September 1, 1999.
2-23 SECTION 5. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.