1-1     By:  Shields, et al. (Senate Sponsor - Madla)          H.B. No. 409
 1-2           (In the Senate - Received from the House April 19, 2001;
 1-3     April 20, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 7, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 7, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the requirement that the name, address, and phone
 1-9     number of a bondsman 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)  A bond required under this section must clearly and
1-15     prominently display on the bond or on an attachment to the bond:
1-16                 (1)  the name, mailing address, physical address, and
1-17     telephone number, including the area code, of the surety company to
1-18     which any notice of claim should be sent; or
1-19                 (2)  the toll-free telephone number maintained by the
1-20     Texas Department of Insurance under Article 1.35D, Insurance Code,
1-21     and a statement that the address of the surety company to which any
1-22     notice of claim should be sent may be obtained from the Texas
1-23     Department of Insurance by calling the toll-free telephone number.
1-24           SECTION 2. Section 2253.024(a), Government Code, is amended
1-25     to read as follows:
1-26           (a)  A prime contractor, on the written request of a person
1-27     who provides public work labor or material and when required by
1-28     Subsection (c), shall provide to the person:
1-29                 (1)  the name and last known address of the
1-30     governmental entity with whom the prime contractor contracted for
1-31     the public work; [and]
1-32                 (2)  a copy of the payment and performance bonds for
1-33     the public work, including bonds furnished by or to the prime
1-34     contractor; and
1-35                 (3)  the name of the surety issuing the payment bond
1-36     and the performance bond and the toll-free telephone number
1-37     maintained by the Texas Department of Insurance under Article
1-38     1.35D, Insurance Code, for obtaining information concerning
1-39     licensed insurance companies.
1-40           SECTION 3. Section 2253.026, Government Code, is amended by
1-41     amending Subsection (a)  and adding Subsection (d) to read as
1-42     follows:
1-43           (a)  A governmental entity shall furnish the information
1-44     required by Subsection (d) [a certified copy of a payment bond and
1-45     the public work contract for which the bond was given] to any
1-46     person who applies for the information [copy] and who submits an
1-47     affidavit that the person:
1-48                 (1)  has supplied public work labor or material for
1-49     which the person has not been paid;
1-50                 (2)  has contracted for specially fabricated material
1-51     for which the person has not been paid; or
1-52                 (3)  is being sued on a payment bond.
1-53           (d)  A governmental entity shall furnish the following
1-54     information to a person who makes a request under Subsection (a):
1-55                 (1)  a certified copy of a payment bond and any
1-56     attachment to the bond;
1-57                 (2)  the public work contract for which the bond was
1-58     given; and
1-59                 (3)  the toll-free telephone number maintained by the
1-60     Texas Department of Insurance under Article 1.35D, Insurance Code,
1-61     for obtaining information concerning licensed insurance companies.
1-62           SECTION 4.  Section 2253.048, Government Code, is amended by
1-63     adding Subsection (c) to read as follows:
1-64           (c)  A person satisfies the requirements of this subchapter
 2-1     relating to providing notice to the surety if the person mails the
 2-2     notice by certified or registered mail to the surety:
 2-3                 (1)  at the address stated on the bond or on an
 2-4     attachment to the bond;
 2-5                 (2)  at the address on file with the Texas Department
 2-6     of Insurance; or
 2-7                 (3)  at any other address allowed by law.
 2-8           SECTION 5. Section 53.202, Property Code, is amended to read
 2-9     as follows:
2-10           Sec. 53.202.  BOND REQUIREMENTS. The bond must:
2-11                 (1)  be in a penal sum at least equal to the total of
2-12     the original contract amount;
2-13                 (2)  be in favor of the owner;
2-14                 (3)  have the written approval of the owner endorsed on
2-15     it;
2-16                 (4)  be executed by:
2-17                       (A)  the original contractor as principal; and
2-18                       (B)  a corporate surety authorized and admitted
2-19     to do business in this state and licensed by this state to execute
2-20     bonds as surety, subject to Section 1, Chapter 87, Acts of the 56th
2-21     Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
2-22     Insurance Code); [and]
2-23                 (5)  be conditioned on prompt payment for all labor,
2-24     subcontracts, materials, specially fabricated materials, and normal
2-25     and usual extras not exceeding 15 percent of the contract price;
2-26     and
2-27                 (6)  clearly and prominently display on the bond or on
2-28     an attachment to the bond:
2-29                       (A)  the name, mailing address, physical address,
2-30     and telephone number, including the area code, of the surety
2-31     company to which any notice of claim should be sent; or
2-32                       (B)  the toll-free telephone number maintained by
2-33     the Texas  Department of Insurance under Article 1.35D, Insurance
2-34     Code, and a statement that the address of the surety company to
2-35     which any notice of claim should be sent may be obtained from the
2-36     Texas Department of Insurance by calling the toll-free telephone
2-37     number.
2-38           SECTION 6. Section 53.206, Property Code, is amended by
2-39     adding Subsection (d) to read as follows:
2-40           (d)  A person satisfies the requirements of this section
2-41     relating to providing notice to the surety if the person mails the
2-42     notice by certified or registered mail to the surety:
2-43                 (1)  at the address stated on the bond or on an
2-44     attachment to the bond;
2-45                 (2)  at the address on file with the Texas Department
2-46     of Insurance; or
2-47                 (3)  at any other address allowed by law.
2-48           SECTION 7. This Act takes effect September 1, 2001.  The
2-49     changes in law made by this Act to Section 2253.021, Government
2-50     Code, and to Section 53.202, Property Code, apply only to a bond
2-51     issued on or after the effective date of this Act.
2-52                                  * * * * *