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A BILL TO BE ENTITLED
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AN ACT
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relating to payments to contractors in connection with highway |
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projects of the Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.009, Transportation Code, is amended |
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to read as follows: |
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Sec. 223.009. PARTIAL PAYMENT. A contract may provide for |
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partial payments to the contractor. The aggregate amount of |
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payments at any time may not exceed [95 percent of] the value of the |
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work done. |
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SECTION 2. Section 223.011, Transportation Code, is amended |
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to read as follows: |
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Sec. 223.011. PARTIAL PAYMENT EXCEPTION: MAINTENANCE AND |
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PRECONSTRUCTION CONTRACTS. The limitation on partial payments |
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provided by Section 223.009 does [and the retainage requirement
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under Section 223.010(a) do] not apply to a contract for: |
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(1) maintenance; or |
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(2) the making of all necessary plans and surveys |
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preliminary to construction, reconstruction, or maintenance. |
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SECTION 3. Section 223.010, Transportation Code, is |
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repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |