1-1     By:  Shields (Senate Sponsor - Lucio)                 H.B. No. 3704
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the requirement for the name, address, and phone number
 1-9     of the bondsman to appear on the face of performance and payment
1-10     bonds.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 2253.021, Government Code, is amended by
1-13     adding Subsection (f) to read as follows:
1-14           (f)  All bonds required under this chapter shall clearly and
1-15     prominently display on the face of the bond:
1-16                 (1)  the name of the surety issuing the bond; and
1-17                 (2)  the name of the surety contact person, if any,
1-18     mailing address, physical address, area code, and telephone number
1-19     to whom any notice of claims should be given.
1-20           SECTION 2.  Section 2253.024(a), Government Code, is amended
1-21     to read as follows:
1-22           (a)  A prime contractor, on the written request of a person
1-23     who provides public work labor or material and when required by
1-24     Subsection (c), shall provide to the person:
1-25                 (1)  the name and last known address of the
1-26     governmental entity with whom the prime contractor contracted for
1-27     the public work; [and]
1-28                 (2)  a copy of the payment and performance bonds for
1-29     the public work, including bonds furnished by or to the prime
1-30     contractor;
1-31                 (3)  the name of the surety issuing the bond; and
1-32                 (4)  the name of the surety contact person, if any, and
1-33     the mailing address, physical address, area code, and telephone
1-34     number to whom any notice of claim should be given.
1-35           SECTION 3.  Section 2253.026(a), Government Code, is amended
1-36     to read as follows:
1-37           (a)  A governmental entity shall furnish:
1-38                 (1)  a certified copy of a payment bond;
1-39                 (2)  [and] the public work contract for which the bond
1-40     was given;
1-41                 (3)  the name of the surety issuing the bond; and
1-42                 (4)  the name of the surety contact person, if any, and
1-43     the mailing address, physical address, area code, and telephone
1-44     number to whom any notice of claim should be given to any person
1-45     who applies for the information [copy] and who submits an affidavit
1-46     that the person:
1-47                       (A) [(1)]  has supplied public work labor or
1-48     material for which the person has not been paid;
1-49                       (B) [(2)]  has contracted for specially
1-50     fabricated material for which the person has not been paid; or
1-51                       (C) [(3)]  is being sued on a payment bond.
1-52           SECTION 4.  This Act takes effect September 1, 1999.
1-53           SECTION 5.  The importance of this legislation and the
1-54     crowded condition of the calendars in both houses create an
1-55     emergency and an imperative public necessity that the
1-56     constitutional rule requiring bills to be read on three several
1-57     days in each house be suspended, and this rule is hereby suspended.
1-58                                  * * * * *