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 * * * * *