HB 643 House Committee Report

Relating to the requirement for payment bonds from certain public work contractors. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the requirement for payment bonds from certain public

 

work contractors.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  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 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 $100,000

 

[$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 2.  (a) The changes in law made by this Act apply

 

only to a public work contract for which a 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.

 

       (b)  A public work contract for which a governmental entity

 

first advertises or otherwise requests bids, proposals, offers, or

 

qualifications, or makes a similar solicitation, before the

 

effective date of this Act is governed by the law as it existed

 

immediately before the effective date of this Act, and that law is

 

continued in effect for that purpose.

 

       SECTION 3.  This Act takes effect September 1, 2025. 

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