1-1                                   AN ACT
 1-2     relating to the conduct of the business of certain surety
 1-3     companies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 7, Insurance Code, is amended by adding
 1-6     Article 7.20 to read as follows:
 1-7           Art. 7.20.  CONSTRUCTION PAYMENT BOND OF SURETY COMPANY;
 1-8     PROMPT PAYMENT
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Claimant" means a person directly entitled to
1-11     payment under a construction payment bond.
1-12                 (2)  "Construction payment bond" means a surety
1-13     agreement or obligation issued to guarantee or assure payment by a
1-14     principal obligor for work performed or materials supplied or
1-15     specially fabricated for a public or private construction project.
1-16                 (3)  "Notice of claim" means a written notification by
1-17     a claimant who makes a claim for payment from the surety company.
1-18     The term does not include a routine statutory notice required by
1-19     Section 53.056(b), 53.057, 53.058, 53.252(b), or 53.253, Property
1-20     Code, or Section 2253.047, Government Code.
1-21                 (4)  "Surety company" means a licensed surety or
1-22     guaranty company that executes and delivers a construction payment
1-23     bond as a surety for a principal obligor.
1-24           Sec. 2.  ACKNOWLEDGMENT AND INVESTIGATION OF CLAIM.  (a)  A
 2-1     surety company that has issued a construction payment bond shall,
 2-2     not later than the 15th day after the date of receipt of notice of
 2-3     claim under the bond:
 2-4                 (1)  acknowledge receipt of the claim;
 2-5                 (2)  begin any review or investigation necessary to
 2-6     determine whether the surety company is obligated to satisfy the
 2-7     claim under the bond; and
 2-8                 (3)  request from the claimant each document, item of
 2-9     information, accounting, statement, or form that the surety company
2-10     then reasonably believes will be required from the claimant.
2-11           (b)  Nothing in this article exempts a claimant from
2-12     compliance with any applicable statutory or contractual notice
2-13     requirement.
2-14           (c)  If the construction payment bond provides an address of
2-15     the surety company to which claims should be submitted, the notice
2-16     of claim is effective on receipt of the notice at that address.
2-17           Sec. 3.  ACCEPTANCE OR REJECTION OF CLAIM.  (a)  Except as
2-18     provided by Subsection (c) of this section, a surety company shall
2-19     notify a claimant in writing of the acceptance or rejection of a
2-20     claim not later than the 30th day after the date the surety company
2-21     receives all documents, items of information, accountings,
2-22     statements, and forms requested by the surety company as provided
2-23     by Section 2 of this article.
2-24           (b)  If the surety company rejects all or part of the claim,
2-25     the notice required by Subsection (a) of this section must state in
2-26     specific terms the reasons for the rejection known to the surety
2-27     company at that time.
 3-1           (c)  If the surety company is unable to accept or reject the
 3-2     claim within the period specified by Subsection (a) of this
 3-3     section, the surety company shall provide written notice to the
 3-4     claimant, not later than the date specified under Subsection (a),
 3-5     that the surety company is unable to accept or reject the claim
 3-6     within that period.  The notice provided under this subsection
 3-7     must:
 3-8                 (1)  state the reasons for which the surety company
 3-9     needs additional time to accept or reject the claim; and
3-10                 (2)  include a request for any additional information
3-11     reasonably needed by the surety company to process the claim.
3-12           (d)  Not later than the 30th day after the date a surety
3-13     company notifies a claimant under Subsection (c) of this section,
3-14     the surety company shall notify the claimant in writing of the
3-15     acceptance or rejection of the claim.  If the surety company
3-16     rejects all or part of the claim, the surety company shall state in
3-17     specific terms the reasons for the rejection known to the surety
3-18     company at that time.
3-19           (e)  In addition to any other contractual or statutory basis
3-20     for denying a claim, the surety company may reject all or any part
3-21     of a claim:
3-22                 (1)  that is the subject of a legitimate dispute
3-23     between the principal obligor and the claimant; or
3-24                 (2)  for which the claimant has failed to provide
3-25     supporting documents or information reasonably requested by the
3-26     surety company.
3-27           (f)  The time limits provided by this section and Section 2
 4-1     of this article may be varied by any statute requiring a
 4-2     construction payment bond.
 4-3           (g)  This section does not preclude a surety company from
 4-4     asserting any defense in any action brought by a claimant against
 4-5     the construction payment bond if a good faith effort is made to
 4-6     inform the claimant in accordance with this section of reasons for
 4-7     rejecting all or part of the claim.
 4-8           Sec. 4.  PAYMENT OF CLAIM.  (a)  If a surety company notifies
 4-9     a claimant under Section 3 of this article that the surety company
4-10     accepts a claim or part of a claim, the surety company shall pay
4-11     the claim not later than the 15th day after the date of the notice.
4-12           (b)  If payment of the claim or part of the claim is
4-13     conditioned on the execution of a document or performance of an act
4-14     by the claimant, the surety company shall pay the claim not later
4-15     than the seventh day after the date the surety company receives the
4-16     executed document or evidence that the act has been performed.
4-17           (c)  For purposes of this section, payment of a claim occurs
4-18     when the surety company places the surety company's check or draft
4-19     in the United States mail properly addressed to the claimant or the
4-20     claimant's representative.
4-21           Sec. 5.  RULES. The commissioner may adopt rules enforcing
4-22     this article in cases in which a surety company violates this
4-23     article as a general business practice.
4-24           Sec. 6.  CONSTRUCTION. (a)  This article shall be construed
4-25     to encourage prompt payment of just claims made under construction
4-26     payment bonds of surety companies.  This article does not foreclose
4-27     any other remedy available to a claimant by law or contract.
 5-1           (b)  This article may not be construed to:
 5-2                 (1)  create a private cause of action;
 5-3                 (2)  be a precondition to judicially enforcing
 5-4     obligations under a construction payment bond;
 5-5                 (3)  diminish any other obligation of a surety company
 5-6     that exists by law; or
 5-7                 (4)  prohibit a surety company from asserting a defense
 5-8     against a construction payment bond claim in a proceeding to
 5-9     enforce a claim.
5-10           Sec. 7.  MODIFICATION PROHIBITED. Any term contained in a
5-11     construction payment bond that is inconsistent with this article is
5-12     void.
5-13           SECTION 2.  This Act takes effect September 1, 2001, and
5-14     applies only to a claim made under a construction payment bond, as
5-15     that term is defined by Article 7.20, Insurance Code, as added by
5-16     this Act, that is delivered, issued for delivery, or renewed on or
5-17     after January 1, 2002.  A construction payment bond that is
5-18     delivered, issued for delivery, or renewed before January 1, 2002,
5-19     is governed by the law as it existed immediately before the
5-20     effective date of this Act, and that law is continued in effect for
5-21     that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 548 was passed by the House on April
         27, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 548 was passed by the Senate on May
         16, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor