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.