Bill Text: TX HB1477 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to performance and payment bonds for public work contracts on public property leased to a nongovernmental entity.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Vetoed) 2021-06-18 - Vetoed by the Governor [HB1477 Detail]
Download: Texas-2021-HB1477-Enrolled.html
H.B. No. 1477 |
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relating to performance and payment bonds for public work contracts | ||
on public property leased to a nongovernmental entity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 2253.001(3) and (4), Government Code, | ||
are amended to read as follows: | ||
(3) "Prime contractor" means a person, firm, or | ||
corporation that makes a public work contract with: | ||
(A) a governmental entity; or | ||
(B) a person who leases any public property, | ||
other than a person who leases property from a river authority | ||
created pursuant to Section 59, Article XVI, Texas Constitution, | ||
that owns electric generation capacity in excess of 1,000 | ||
megawatts. | ||
(4) "Public work contract" means a contract for | ||
constructing, altering, or repairing a public building or carrying | ||
out or completing any public work, including work performed on | ||
property owned by a governmental entity or on public property | ||
leased by the governmental entity to a nongovernmental entity. | ||
"Public work contract" does not include any contract entered into | ||
by a nongovernmental entity that leases property from a river | ||
authority created pursuant to Section 59, Article XVI, Texas | ||
Constitution, that owns electric generation capacity in excess of | ||
1,000 megawatts. | ||
SECTION 2. Section 2253.021(a), Government Code, is amended | ||
to read as follows: | ||
(a) A governmental entity that makes a public work contract | ||
with a prime contractor or authorizes a nongovernmental entity | ||
leasing public property from the governmental entity to enter into | ||
a public work contract with a prime contractor shall require the | ||
contractor, before beginning the work, to execute to the | ||
governmental entity: | ||
(1) a performance bond if the contract is in excess of | ||
$100,000; and | ||
(2) a payment bond if: | ||
(A) the contract is in excess of $25,000, and the | ||
governmental entity is not a municipality or a joint board created | ||
under Subchapter D, Chapter 22, Transportation Code; or | ||
(B) the contract is in excess of $50,000, and the | ||
governmental entity is a municipality or a joint board created | ||
under Subchapter D, Chapter 22, Transportation Code. | ||
SECTION 3. Sections 2253.024(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) A prime contractor, on the written request of a person | ||
who provides public work labor or material and when required by | ||
Subsection (c), shall provide to the person: | ||
(1) the name and last known address of the | ||
governmental entity or nongovernmental leasehold tenant with whom | ||
the prime contractor contracted for the public work; | ||
(2) a copy of the payment and performance bonds for the | ||
public work, including bonds furnished by or to the prime | ||
contractor; and | ||
(3) the name of the surety issuing the payment bond and | ||
the performance bond and the toll-free telephone number maintained | ||
by the Texas Department of Insurance under Subchapter B, Chapter | ||
521, Insurance Code, for obtaining information concerning licensed | ||
insurance companies. | ||
(b) A subcontractor, on the written request of a | ||
governmental entity, a nongovernmental leasehold tenant with whom | ||
the prime contractor contracted, the prime contractor, a surety on | ||
a bond that covers the public work contract, or a person providing | ||
work under the subcontract and when required by Subsection (c), | ||
shall provide to the person requesting the information: | ||
(1) the name and last known address of each person from | ||
whom the subcontractor purchased public work labor or material, | ||
other than public work material from the subcontractor's inventory; | ||
(2) the name and last known address of each person to | ||
whom the subcontractor provided public work labor or material; | ||
(3) a statement of whether the subcontractor furnished | ||
a bond for the benefit of its subcontractors and materialmen; | ||
(4) the name and last known address of the surety on | ||
the bond the subcontractor furnished; and | ||
(5) a copy of that bond. | ||
SECTION 4. Section 2253.071(a), Government Code, is amended | ||
to read as follows: | ||
(a) The proceeds of a public work contract are not payable, | ||
until all costs of completion of the contract work are paid by the | ||
contractor or the contractor's surety, to a contractor who | ||
furnishes a bond required by this chapter if: | ||
(1) the contractor abandons performance of the | ||
contract; or | ||
(2) the contractor's right to proceed with performance | ||
of the contract is lawfully terminated by the awarding governmental | ||
entity or nongovernmental entity leasing public property from the | ||
governmental entity because of the contractor's default. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
a public work contract or construction project for which a | ||
governmental entity or a nongovernmental entity leasing public | ||
property from the governmental entity first advertises or otherwise | ||
requests bids, proposals, offers, or qualifications, or makes a | ||
similar solicitation, on or after the effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1477 was passed by the House on May 5, | ||
2021, by the following vote: Yeas 146, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1477 was passed by the Senate on May | ||
25, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |