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AN ACT
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relating to certain requirements applicable to certain public |
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contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2253.021(a), Government Code, is amended |
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to read as follows: |
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(a) A governmental entity that makes a public work contract |
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with a prime contractor shall require the contractor, before |
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beginning the work, to execute to the governmental entity: |
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(1) a performance bond if the contract is in excess of |
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$100,000; and |
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(2) a payment bond if: |
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(A) the contract is in excess of $25,000, and the |
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governmental entity is not a municipality or a joint board created |
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under Subchapter D, Chapter 22, Transportation Code; or |
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(B) the contract is in excess of $50,000, and the |
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governmental entity is a municipality or a joint board created |
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under Subchapter D, Chapter 22, Transportation Code. |
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SECTION 2. Section 53.231, Property Code, is amended to |
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read as follows: |
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Sec. 53.231. LIEN. (a) A person who furnishes material |
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or labor to a contractor under a prime contract with a governmental |
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entity other than a municipality or a joint board created under |
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Subchapter D, Chapter 22, Transportation Code, that does not exceed |
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$25,000 and that is for public improvements in this state and who |
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gives notice required by this subchapter has a lien on the money, |
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bonds, or warrants due the contractor for the improvements. |
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(b) A person who furnishes material or labor to a contractor |
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under a prime contract with a municipality or a joint board created |
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under Subchapter D, Chapter 22, Transportation Code, that does not |
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exceed $50,000 and that is for public improvements in this state and |
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who gives notice required by this subchapter has a lien on the |
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money, bonds, or warrants due the contractor for the improvements. |
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SECTION 3. Section 53.234, Property Code, is amended to |
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read as follows: |
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Sec. 53.234. TIME FOR NOTICE. The lien claimant must give |
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notice [before any payment is made to the contractor and] not later |
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than the 15th day of the second month following the month in which |
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the labor was performed or the material furnished. |
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SECTION 4. The changes in law made by this Act to Section |
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2253.021(a), Government Code, apply only to a contract entered into |
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on or after the effective date of this Act. A contract entered into |
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before the effective date of this Act is governed by the law in |
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effect when the contract was entered into, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2515 was passed by the House on April |
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28, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2515 on May 29, 2009, by the following vote: Yeas 141, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2515 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |