AN ACT
 1-1     relating to retainage on certain highway contracts.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 223.010, Transportation Code, is amended
 1-4     by amending Subsection (a) and adding Subsection (h) to read as
 1-5     follows:
 1-6           (a)  Five percent of the contract price shall be retained
 1-7     until the entire improvement has been completed and accepted except
 1-8     as provided in Subsection (h).
 1-9           (h)  Four percent of the contract price shall be retained
1-10     until the entire improvement has been completed and accepted on any
1-11     contract that includes the use of recycled materials.
1-12           SECTION 2.  This Act takes effect September 1, 1999.
1-13           SECTION 3.  The importance of this legislation and the
1-14     crowded condition of the calendars in both houses create an
1-15     emergency and an imperative public necessity that the
1-16     constitutional rule requiring bills to be read on three several
1-17     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1195 passed the Senate on
         April 26, 1999, by the following vote:  Yeas 30, Nays 0; and that
         the Senate concurred in House amendment on May 28, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1195 passed the House, with
         amendment, on May 25, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor