By Shields                                             H.B. No. 409
         77R1797 MCK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that the name, address, and phone
 1-3     number of a bondsman 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)  A bond required under this section must clearly and
 1-9     prominently display on the face of the bond:
1-10                 (1)  the name, mailing address, physical address, and
1-11     telephone number, including the area code, of the surety issuing
1-12     the bond; and
1-13                 (2)  the name, mailing address, physical address, and
1-14     telephone number, including the area code, of the surety contact
1-15     person, if any, to whom any notice of claim should be given.
1-16           SECTION 2. Section 2253.024(a), Government Code, is amended
1-17     to read as follows:
1-18           (a)  A prime contractor, on the written request of a person
1-19     who provides public work labor or material and when required by
1-20     Subsection (c), shall provide to the person:
1-21                 (1)  the name and last known address of the
1-22     governmental entity with whom the prime contractor contracted for
1-23     the public work; [and]
1-24                 (2)  a copy of the payment and performance bonds for
 2-1     the public work, including bonds furnished by or to the prime
 2-2     contractor;
 2-3                 (3)  the name, mailing address, physical address, and
 2-4     telephone number, including the area code, of the surety issuing
 2-5     the bond; and
 2-6                 (4)  the name, mailing address, physical address, and
 2-7     telephone number, including the area code, of the surety contact
 2-8     person, if any, to whom any notice of claim should be given.
 2-9           SECTION 3. Section 2253.026, Government Code, is amended by
2-10     amending Subsection (a)  and adding Subsection (d) to read as
2-11     follows:
2-12           (a)  A governmental entity shall furnish the information
2-13     required by Subsection (d) [a certified copy of a payment bond and
2-14     the public work contract for which the bond was given] to any
2-15     person who applies for the information [copy] and who submits an
2-16     affidavit that the person:
2-17                 (1)  has supplied public work labor or material for
2-18     which the person has not been paid;
2-19                 (2)  has contracted for specially fabricated material
2-20     for which the person has not been paid; or
2-21                 (3)  is being sued on a payment bond.
2-22           (d)  A governmental entity shall furnish the following
2-23     information to a person who makes a request under Subsection (a):
2-24                 (1)  a certified copy of a payment bond;
2-25                 (2)  the public work contract for which the bond was
2-26     given;
2-27                 (3)  the name, mailing address, physical address, and
 3-1     telephone number, including the area code, of the surety issuing
 3-2     the bond; and
 3-3                 (4)  the name, mailing address, physical address, and
 3-4     telephone number, including the area code, of the surety contact
 3-5     person, if any, to whom any notice of claim should be given.
 3-6           SECTION 4. This Act takes effect September 1, 2001.  The
 3-7     change in law made by this Act to Section 2253.021, Government
 3-8     Code, only applies to a bond issued on or after the effective date
 3-9     of this Act.