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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment or application of funds under construction |
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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 28.003, Property Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) For purposes of this section, a good faith dispute does |
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not include a dispute relating to a contract, work order, |
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contractual arrangement, or any other agreement between the parties |
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that is not related to the contract for construction under which |
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payment is requested or required. |
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SECTION 2. Section 162.031, Property Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A trustee who retains or otherwise diverts trust funds |
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due to a dispute, including an alleged default, arising under a |
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construction contract other than the contract in connection with |
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which the trust funds were received by or placed under the control |
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or direction of the trustee has misapplied the trust funds. |
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SECTION 3. The changes in law made by this Act apply only to |
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a contract that is entered into on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |